UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


SCHOOL  OF  LAW 
LIBRARY 


7f,M  STOREROOM 

P&&  TBI  • 

BULLETIN 
State  Board  of  Education 

Issued  Quarterly  Harris  Hart,  Superintendent  of  Public  Instruction 

Vol.  III.  JUNE,  1920  No.  1 


Virginia  School  Laws 

DISCARD 

TEACHERS  ROOM 
LOS  ANGELES  PUBLIC  LIBRARY 


«\rt 


Entered  as  second  class  matter  September  6, 1918,  at  the  postoffice  at 
Richmond.  Va.,  under  act  of  August  24,  1912. 


RICHMOND: 

DAVIS  BOTTOM,  SUPERINTENDENT  OF  PUBLIC  PRINTING 

1920 


•CT  24  1981 


- 


BULLETIN 
State  Board  of  Education 


Issued  Quarterly 


Harris  Hart,  Superintendent  of  Public  Instruction 


Vol.  III. 


JUNE,  1920 


No.  1 


Virginia  School  Laws 


Entered  as  second  class  matter  September  6,  1918,  at  the  postoffice  at 
Richmond,  Va.,  under  act  of  August  24,  1912. 


RICHMOND: 

DAVIS  BOTTOM,  SUPERINTENDENT  OF  PUBLIC  PRINTING 

1920 


CONTENTS. 


PAGE 

Constitutional   Provisions    4 

Public  Free  School  Law. 

1.  Public  Free  Schools  for  Counties  and  Towns 9 

2.  Authority    for    Administering   the    System 9 

3 .  State   Board   of   Education    9 

4.  Superintendent  of  Public  Instruction 19 

5 .  Division    Superintendent     21 

6 .  School   Trustee   Electoral   Board    29 

7 .  County  School  Board 30 

8 .  District  School  Board    35 

9 .  Teachers    44 

10 .  Elementary  Schools    49 

11 .  High   Schools    50 

12 .  Pupils    53 

13 .  Census     59 

14 .  School   Funds    60 

15 .  Custodian  of  School  Funds    69 

16 .  Summer    Schools    74 

17 .  Public    Schools   in   Cities   and   Towns 75 

18 .  School    Buildings    78 

19 .  School    Taxes    81 

20 .  Index    85 


w 


Introduction. 


The  Assembly  of  1920  enacted  much  constructive  school 
legislation.  Since  the  Constitutional  Convention  a  large  body  of 
school  laws  and  regulations  have  been  passed.  School  officials 
have  been  confused  oftentimes  not  merely  by  the  number  of  these 
statutes  but  by  the  fact  that  the  import  of  some  of  them  seemed 
obscure.  The  last  Assembly,  therefore,  repealed  certain  laws, 
revised  and  simplified  others  and  passed  a  number  of  new  and 
constructive  measures. 

It  seems  necessary  at  this  time  to  present  a  new  Code  of  the 
school  laws.  The  Constitutional  provisions  are  re-arranged  in 
logical  order.  The  three  proposed  amendments  to  be  presently 
voted  upon  are  printed  immediately  following  the  sections  to 
be  amended.  The  passage  of  these  amendments  in  the  election, 
November,  1920,  will  not  only  make  possible  a  re-organization  of 
the  county  school  system  on  a  safe  financial  and  simplified  admin- 
istrative basis,  but  will  lead  to  a  reduction  in  the  number  of  laws 
and  regulations  and  will  define  more  clearly  the  duties  and  re- 
sponsibilities of  the  various  school  officials. 

The  statutes  are  arranged  in  an  order  differing  materially 
from  that  of  the  former  school  Code,  and  the  regulations  of  the 
State  Board  of  Education  are  re-grouped  to  bring  under  one  head 
all  laws  and  regulations  bearing  upon  a  given  subject.  This 
arrangement  combined  with  a  carefully  prepared  index  will  make 
easy  a  reference  to  any  subject  desired. 

The  State  Board  of  Education  presents  this  Code  with  the 
hope  that  it  may  be  of  real  service  to  school  officials  and  patrons. 

HARRIS  HART, 
Superintendent  of  Public  Instruction. 

J.  N.  HlLLMAN, 

Secretary  State  Board  of  Education. 


794712 


Constitutional  Provisions. 


Education  and  Public  Instruction. 

1.  Free  schools  to  be  maintained. 

The  General  Assembly  shall  establish  and  maintain  an  efficient  system 
of  public  free,  schools  throughout  the  State.      (Sec.   129) 

2.  State  Board  of  Education. 

a.  The  general  supervision  of  the  school  system  shall  be  vested  in  a 
State  Board  of  Education,  composed  of  the  Governor,  Attorney-General, 
Superintendent  of  Public  Instruction,  and  three  experienced  educators,  to 
be  elected  quadrennially  by  the  Senate,  from  a  list  of  eligibles,  consisting 
of  one  from  each  of  the  faculties,  and  nominated  by  the  respective  boards 
of  visitors  or  trustees  of  the  University  of  Virginia,  the  Virginia  Mili- 
tary Institute,  the  Virginia  Polytechnic  Institute,  the  State  Female  Normal 
School  at  Farmville,  the  School  for  the  Deaf  and  Blind,  and  also  of  the 
College  of  William  and  Mary  so  long  as  the  State  continues  its  annual  ap- 
propriation   to    the    last   named    institution. 

The  board  thus  constituted  shall  select  and  associate  with  itself  two 
division  superintendents  of  schools.,  one  from  a  county  and  the  other  from 
a  city,  who  shall  hold  office  for  two  years,  and  whose  powers  and  duties 
shall  be  identical  with  those  of  other  members,  except  that  they  shall  not 
participate  in  the  appointment  of  any  public  school  official. 

b.  Any  vacancy  occurring  during  the  term  of  any  member  of  the 
board  shall  be  filled  for  the  unexpired  term  by  said  board.      (Sec.   130) 

c.  The  duties  and  powers  of  the  State  Board  of  Education  shall  be 
as  follows: 

(1)  It  may,  in  its  discretion,  divide  the  State  into  appropriate  school 
divisions,  comprising  not  less  than  one  county  or  city  each,  but  no  county 
or  city  shall  be  divided  in  the  formation  of  such  divisions.  It  shall,  sub- 
ject to  the  confirmation  of  the  Senate,  appoint,  for  each  of  such  divisions, 
one  superintendent  of  schools,  who  shall  hold  office  for  four  years,  and  shall 
prescribe  his  duties,  and  may  remove  him  for  cause  and  upon  notice. 

(2)  It  shall  have,  regulated  by  law,  the  management  and  invest- 
ment of  the  school  fund. 

(3)  It  shall  have  authority  to  make  all  needful  rules  and  regulations 
for  the  management  and  conduct  of  the  schools,  which,  when  published  and 
distributed,  shall  have  the  force  and  effect  of  law,  subject  to  the  authority 
of  the  General  Assembly  to  revise,  amend,  or  repeal  the  same. 

(4)  It  shall  select  text-books  and  educational  appliances  for  use  in 
the  schools  of  the  State,  exercising  such  discretion  as  it  may  see  fit  in  the 
selection  of  books  suitable  for  the  schools  in  the  cities  and  counties,  re- 
spectively. 

(5)  It  shall  appoint  a  board  of  directors,  consisting  of  five  members, 
to  serve  without  compensation,  which  shall  have  the  management  of  the 
State  Library,  and  the  appointment  of  a  librarian  and  other  employees 
thereof,   subject   to   such    rules   and   regulations   as   the    General    Assembly 


Virginia  School  Laics 


shall  prescribe;  but  the  Supreme  Court  of  Appeals  shall  have  the  man- 
agement of  the  law  library  and  the  appointment  of  the  librarian  and 
other  employees  thereof.      (Sec.  132) 

(6)      Prescribe  duties  of  Superintendent  of  Public  Instruction.     (Part 
of  section   131) 

(Proposed  amendment  to  section  132  passed  by  General  Assembly  of  1920 
to  be  acted  on  by  Assembly  of  1922.  "The  powers  and  duties  of  the  State 
Board    of    Education    shall    be    prescribed    by    law.") 

3.  Superintendent  of  Public  Instruction. 

The  Superintendent  of  Public  Instruction,  who  shall  be  an  experienced 
educator,  shall  be  elected  by  the  qualified  voters  of  the  State  at  the  same 
time  and  for  the  same  term  as  the  Governor.  Any  vacancy  in  said  office 
shall  be  filled  for  the  unexpired  term  by  the  said  board.     (Part  Sec.  131) 

4.  School  districts;  school  trustees. 

Each  magisterial  district  shall  constitute  a  separate  school  district, 
unless  otherwise  provided  by  law.  In  each  school  district  there  shall  be 
three  trustees  selected,  in  the  manner  and  for  the  term  of  office  prescribed 
by   law.      (Sec.    133) 

(Proposed  amendment  to  be  voted  on  at  the  general  election  November 
2,  1920.  "Each  magisterial  district  shall  constitute  a  separate  school  district. 
unless  otherwise  provided  bv  law.  In  each  school  district  there  shall  be  not 
more  than  three  trustees  selected,  in  the  manner  and  for  the  term  of  ofiicc 
prescribed   by  law. 

"3Ien  and  women  may  serve  as  school  trustees  in  said  districts,  and  in 
cities  and   towns   forming?  separate   school   districts.") 

5.  School  funds. 


o 


a.  The  Literary  Fund.— The  General  Assembly  shall  set  apart  as  a 
permanent  and  perpetual  literary  fund  the  present  literary  fund  of  the 
State;  the  proceeds  of  all  public  lands  donated  by  Congress  for  public  free 
school  purposes;  of  all  escheated  property;  of  all  waste  and  unappro- 
priated lands;  of  all  property  accruing  to  the  State  by  forfeiture,  and  all 
fines  collected  for  offences  committed  against  the  State,  and  such  other 
sums  as  the  General  Assembly  may  appropriate.     (Sec.  134) 

b.  Appropriations  for  school  purposes;  school  age. — The  General  As- 
sembly shall  apply  the  annual  interest  on  the  literary  fund ;  that  portion 
of  the  capitation  tax  provided  for  in  the  Constitution  to  be  paid  into  the 
State  treasury,  and  not  returnable  to  the  counties  and  cities;  and  an  annual 
tax  on  property  of  not  less  than  one  nor  more  than  five  mills  on  the  dollar 
to  the  schools  of  the  primary  and  grammar  grades,  for  the  equal  benefit 
of  all  of  the  people  of  the  State,  to  be  apportioned  on  a  basis  of  school 
population ;  the  number  of  children  between  the  ages  of  seven  and  twenty 
years  in  each  school  district  to  be  the  basis  of  such  apportionment;  but  if 
at  any  time  the  several  kinds  or  classes  of  property  shall  be  segregated 
for  the  purposes  of  taxation,  so  as  to  specify  and  determine  upon  what 
subjects  State  taxes  and  upon  what  subjects  local  taxes  may  be  levied,  then 
the  General  Assembly  may  otherwise  provide  for  a  fixed  appropriation 
of  State  revenue  to  the  support  of  the  schools  not  less  than  that  provided 
in  this   section.      (Sec.   135) 

c.  Local  school  taxes. — Each  county,  city,  town  (if  the  same  be  a 
separate  school  district),  and  school  district  is  authorized  to  raise  addi- 
tional sums  by  a  tax  on  property,  not  to  exceed  in  the  aggregate  five  mills 
on  the  dollar  in  any  one  year,  to  be  apportioned  and  expended  by  the  local 


Bulletin  State  Board  of  Education 


school  authorities  of  said  counties,  cities,  towns  and  districts  in  estab- 
lishing and  maintaining  such  schools  as  in  their  judgment  the  public  wel- 
fare may  require:  provided,  that  such  primary  schools  as  may  be  estab- 
lished in  any  school  year  shall  be  maintained  at  least  four  months  of  that 
school  year  before  any  part  of  the  fund  assessed  and  collected  may  be  de- 
voted to  the  establishment  of  schools  of  higher  grade.  The  boards  of  super- 
visors of  the  several  counties,  and  the  councils  of  the  several  cities  and 
towns,  if  the  same  be  separate  school  districts,  shall  provide  for  the  levy 
and  collection  of  such  local  school  taxes.     (Sec.  136) 

(Prouoscd  amendment  to  be  voted  on  at  general  election  November  2, 
lf>2<>.  "Each  county,  eltv,  town.  If  the  s«me  he  a  .separate  school  district, 
and  school  district  is  authorized  to  raise  additional  sums  by  =>  tax  on  prop- 
erty, not  to  exceed  in  the  asrsrresrate  in  any  one  year  a  rate  of  levy  to  be 
fixed  bv  law.  to  be  aunortioned  and  expended  by  the  local  school  authorities 
of  said  counties,  cities,  towns  and  districts  in  establishing  and  maintaining 
such  schools  as  in  their  judgment  the  public  welfare  may  require;  provided 
that  such  primary  schools  as  may  bi  established  in  nny  school  year,  shall  be 
maintained  at  least  four  months  of  that  school  year,  before  any  part  of  the 
fund  assessed  and  collected  may  be  devoted  to  the  establishment  of  schools  of 
hither  trade.  The  boards  of  supervisors  of  the  several  counties,  and  the 
councils  of  the  several  cities,  and  towns  if  the  same  be  separate  school  dis- 
tricts,  sh:  11   provide   for   the   levy  and   collection   of   such   local   school    taxes. 

d.  State  appropriation  prohibited  to  schools  or  institutions  of  learn- 
ing not  owned  or  exclusively  controlled  by  State  or  some  subdivision  thereof; 
exceptions  to  rule. — No  appropriation  of  public  funds  shall  be  made  to  any 
school  or  institution  of  learning  not  owned  or  exclusively  controlled  by  the 
State  or  some  political  subdivision  thereof:  provided,  first,  that  the  General 
Assembly  may,  in  its  discretion,  continue  the  appropriations  to  the  College 
of  William  and  Mary;  second,  that  this  section  shall  not  be  construed  as 
requiring  or  prohibiting  the  continuance  or  discontinuance  by  the  General 
Assembly  of  the  payment  of  interest  on  certain  bonds  held  by  certain 
schools  and  colleges  as  provided  by  an  act  of  the  General  Assembly  approved 
February  twenty-third,  eighteen  hundred  and  ninety-two,  relating  to  bonds 
held  by  schools*  and  colleges;  third,  that  counties,  cities,  towns,  and  dis- 
tricts may  make  appropriations  to  non-sectarian  schools  of  manual,  in- 
dustrial, or  technical  training,  and  also  to  any  school  or  institution  of  learn- 
ing owned  or  exclusively  controlled  by  such  county,  city,  town,  or  school 
district.      (Sec.   141) 

e.  Taxable  property;  taxes  shall  be  uniform  as  to  class  of  subjects 
and  levied  and  collected  under  general  laws. — All  property,  except  as  here- 
inafter provided,  shall  be  taxed;  all  taxes,  whether  State,  local,  or  municipal, 
shall  be  uniform  upon  the  same  class  of  subjects  within  the  territorial  limits 
of  the  authority  levying  the  tax,  and  shall  be  levied  and  collected  under 
general  laws.     (Sec  168) 

f.  Reassessment  of  real  estate. — The  General  Assembly  shall  provide 
for  a  reassessment  of  real  estate  in  the  year  nineteen  hundred  and  five 
and  every  fifth  year  thereafter,  except  that  of  railway  and  canal  corpora- 
tions, which,  after  January  the  first  nineteen  hundred  and  thirteen,  may  be 
assessed  as  the  General  Assembly  may  provide.     (Sec.  171) 

g.  State,  county  and  municipal  capitation  taxes. — The  General  As- 
sembly -shall  levy  a  State  capitation  tax  of,  and  not  exceeding,  one  dollar 
and  fifty  cents  per  annum  on  every  male  resident  of  the  State  not  less 
than  twenty-one  years  of  age,  except  those  pensioned  by  this  State  for 
militarv  services;  one  dollar  of  which  shall  be  applied  exclusively  in  aid  of 
the  public  free  schools,  in  proportion  to  the  school  population,  and  the 
residue  shall  be  returned  and  paid  by  the  State  into  the  treasury  of  the 
county  or  city  in  which  it  was  collected,  to  be  appropriated  by  the  proper 


Virginia  School  Laws 


county  or  city  authorities  to  such  county  or  city  purposes  as  they  shall 
respectively  determine;  but  said  State  capitation  tax  shall  not  be  a  lien 
upon,  nor  collected  by  legal  process  from,  the  personal  property  which  may 
be  exempt  from  levy  or  distress  under  the  poor  debtor's  law.  The  General 
Assembly  may  authorize  the  board  of  supervisors  of  any  county,  or  the 
council  of  any  city  or  town,  to  levy  an  additional  capitation  tax  not  exceed- 
ing one  dollar  per  annum  on  every  such  resident  within  its  limits,  which 
shall  be  applied  in  aid  of  the  public  schools  of  such  county,  city  or  town, 
or  for  such  other  county,  city  or  town  purposes  as  they  shall  deter- 
mine.    (Sec.  173) 

h.  Property  exempt  from  taxation. — Except  as  otherwise  provided  in 
this  Constitution,  the  following  property,  and  no  other,  shall  be  exempt  from 
taxation,  State  and  local;  but  the  General  Assembly  may  hereafter  tax 
any  of  the  property  hereby  exempted  save_that  mentioned  in  sub-section  (1): 

(1)  Property  directly  or  indirectly  owned  by  the  State,  however  held, 
and  property  lawfully  owned  and  held  by  counties,  cities,  towns,  or  school 
districts,  used  wholly  and  exclusively  for  county,  city,  town,  or  public  school 
purposes,  and  obligations  issued  by  the  State  since  the  fourteenth  day  of 
February,  eighteen  hundred  and  eighty-two,  or  hereafter  exempted  by  law. 

(2)  Buildings,  with  the  land  they  actually  occupy,  and  the  furniture, 
furnishings,  books  and  instruments  therein,  wholly  devoted  to  educational 
purposes,  belonging  to  and  actually  and  exclusively  occupied  and  used  by 
churches,  public  libraries,  incorporated  colleges,  academies,  industrial 
schools,  seminaries,  or  other  incorporated  institutions  of  learning,  includ- 
ing the  Virginia  Historical  Society,  which  are  not  corporations  having  shares 
of  stock  or  otherwise  owned  by  individuals  or  other  corporations;  together 
with  such  additional  adjacent  land  owned  by  such  churches,  libraries  and 
educational  institutions  as  may  be  reasonably  necessary  for  the  convenient 
use  of  such  buildings,  respectively;  and  also  the  buildings  thereon  used 
as  residences  by  the  officers  or  instructors  of  such  educational  institutions; 
and  also  the  permanent  endowment  funds  held  by  such  libraries  and  educa- 
tional institutions  directly  or  in  trust,  and  not  invested  in  real  estate;  pro- 
vided, that  such  libraries  and  educational  institutions  are  not  conducted  for 
profit  of  any  person  or  persons,  natural  or  corporate,  directly,  or  under  any 
guise  or  pretense  whatsoever.  But  the  exemption  mentioned  in  this  sub- 
section shall  not  apply  to  any  industrial  school,  individual  or  corporate, 
not  the  property  of  the  State,  which  does  work  for  compensation,  or  manu- 
factures and  sells  articles  in  the  community  in  which  such  school  is  located: 
provided,  that  nothing  herein  contained  shall  restrict  any  such  school  from 
doing  work  for  or  selling  its  own  products  or  any  other  articles  to  any  of 
its  students  or  employees.     (Parts  of  Sec.  183) 


6.  Agricultural,  normal,  manual  training,  and  technical  schools. 

The  General  Assembly  may  establish  agricultural,  normal,  manual 
training  and  technical  schools,  and  such  grades  of  schools  as  shall  be  for 
the  public  good.     (Sec.   137) 

7.  Compulsory  education;  exceptions. 

The  General  Assembly  may,  in  its  discretion,  provide  for  the  compulsory 
education  of  children  between  the  ages  of  eight  and  twelve  years,  except 
such  as  are  weak  in  body  or  mind,  or  can  read  and  write,  or  are  attending 
private  schools,  or  are  excused  for  cause  by  the  district  school  trustees. 
(Sec.  138) 


.8  Bulletin  State  Board  of  Education 


(Proposed  amendment  to  be  voted  on  at  the  general  election  November 
'2.  1920.  "The  General  Assembly  may,  in  its  discretion,  provide  for  the  com- 
pulsory  education   of    children   of   school   age.") 

8.  Free  text-books. 

Provision  shall  be  made  to  supply  children  attending  the  public  schools 
with  the  necessary  text-books  in  cases  where  the  parent  or  guardian  is 
unable,  by  reason  of  poverty,  to  furnish  them.     (Sec.  139) 

9.  Mixed  schools  prohibited. 

White  and  colored  children  shall  not  be  taught  in  the  same  school. 
(Sec.  140) 

10.  Boards  of  visitors  and  trustees  of  educational  institutions ;  how 

appointed,  and  term  of  office. 

Members  of  the  boards  of  visitors  or  trustees  of  educational  institu- 
tions shall  be  appointed  as  may  be  provided  by  law,  and  shall  hold  for  the 
term  of  four  years:  provided,  that  at  the  first  appointment,  if  the  board 
be  of  an  even  number,  one-half  of  them,  or,  if  of  an  odd  number,  the  least 
majority  of  them,  shall  be  appointed  for  two  years.     (Sec.  142) 


Virginia  School  Laws  9 


PUBLIC  FREE  SCHOOL  LAW. 


(Chapter  32  of  the  Code  of  Virginia,  1919). 


Of  Public  Free  Schools  for  Counties  and  of  the  Literary  Fund. 


1.  Efficient  system  of  public  free  schools. 

An  efficient  system  of  public  free  schools  shall  be  established  and  main- 
tained in  all  the  counties  and  towns  of  the  State.     (Code,  Sec.  594) 

2.  Authorities  for  administering  system. 

The  public  free  school  system  shall  be  administered  by  the  following 
authorities,  to-wit:  A  State  Board  of  Education,  a  Superintendent  of  Public 
Instruction,  division  superintendents  of  schools,  and  district  and  county 
school  boards.     (Code,  Sec.  595) 

3.  State  Board  of  Education. 

a.  Composition. — The  State  Board  of  Education  shall  be  a  corpora- 
tion by  that  name,  and  shall  consist  of  the  Governor,  the  Attorney-General, 
the  Superintendent  of  Public  Instruction,  and  three  experienced  educators, 
to  be  elected  quadrennially  by  the  Senate  from  a  list  of  eligibles,  consist- 
ing of  one  from  each  of  the  faculties,  and  nominated  by  the  respective 
board  of  visitors  or  trustees  of  the  University  of  Virginia,  the  Virginia 
Military  Institute,  the  Virginia  Polytechnic  Institute,  the  State  Female  Nor- 
mal School  at  Farmville,  the  School  for  the  Deaf  and  the  Blind,  and  also 
of  the  College  of  William  and  Mary  /so  long  as  the  State  shall  continue 
its  annual  appropriation  to  the  last  named  institution),  together  with  two 
division  superintendents  of  schools,  one  from  a  county  and  one  from  a  city, 
to  be  selected  by  the  board  composed  of  the  Governor,  the  Attorney-General, 
the  Superintendent  of  Public  Instruction,  and  three  experienced  educators 
elected  by  the  Senate,  as  herein  provided,  said  division  superintendents  to 
have  powers  and  duties  identical  with  those  of  the  other  members,  except 
participation  in  the  appointment  of  any  public  school  official.  (Code,  Sec. 
596) 

b.  Terms  of  members. — The  terms  of  the  three  members  required  to 
be  elected  by  the  Senate  in  the  preceding  section  shall  be  four  years:  pro- 
vided, they  continue  so  long  on  the  list  of  eligibles  and  those  in  office  when 
this  Code  takes  effect  shall  continue  until  the  expiration  of  their  terms  on 
March  first,  nineteen  hundred  and  twenty-three.  The  Senate  shall  elect 
their  successors  at  the  session  of  the  General  Assembly  which  begins  next 
before  the  expiration  of  the  term  of  the  members  of  the  board  so  elected 
by  the  Senate,  and  so  on  from  term,  to  term  of  the  members  so  to  be 
elected. 

The  terms  of  the  two  division  superintendents  shall  be  two  years  from 
the  first  day  of  April,  nineteen  hundi'ed  and  nineteen:  provided,  they  hold 
the  office  of  division  superintendent  so  long;  and,  within  thirty  days  before 
the    expiration   of  their  term   every   two   years    thereafter,   the   appointing 


10  Bulletin  State  Board  of  Education 


board  herein  provided  shall  select  their  successors,  whose  term  shall  be 
two  years  from  the  first  day  of  April  following  their  appointment.  (Code, 
Sec.  597) 

c.  Qualification. — Before  entering  upon  their  duties,  all  the  members 
of  the  State  Board  of  Education,  except  the  Governor,  the  Attorney-General, 
and  the  Superintendent  of  Public  Instruction,  shall  take  and  subscribe  the 
oaths  prescribed  by  the  Constitution.     (Code,  Sec.  598) 

d.  Vacancies. — Any  vacancy  occurring  during  the  term  of  any  mem- 
ber of  the  board,  except  that  of  the  Governor  and  the  Attorney-General, 
shall  be  filled  for  the  unexpired  term  by  the  board.     (Code,  Sec.  599) 

e.  Officers. —  (1)  President:  The  Suparintendent  of  Public  Instruction 
shall  be  ex-officio  president  of  the  State  Board  of  Education,  by  which  his 
duties  shall  be  prescribed.  (Code,  Sec.  623.)  (2)  Secretary:  (See  sections 
5  and  b',  page  11).      (3)   Other  officers:   (See  sections  5  and  c',  page  11). 

f.  Meetings. — Meetings  of  the  board  shall  be  held  upon  the  call  of 
the  president,  or  upon  request  of  a  majority  of  its  members:  provided,  that 
the  president  shall  give  due  notiee  to  all  the  members  of  the  time  of  holding 
the  meetings.  The  place  of  meeting  shall  ordinarily  be  the  office  of  the 
Superintendent  of  Public  Instruction.     (Code,  Sec.  601) 

The  State  Board  of  Education  shall  meet  on  the  third  Tuesdav  of  January, 
March,  May,  July,  September  and  November  at  11  A.  M.  Special  meetings  may 
be  called  at  any  time  by  the  president  of  the  board  or  by  three  members 
thereof.      (State  Board  Regulation) 

g.  Quorum. — A  majority  of  the  members  shall  constitute  a  quorum 
for  the  transaction  of  business.     (Code,  Sec.  600) 

h.  Record. — A  faithful  record  shall  be  kept  of  the  proceedings  of  the 
board,  which  shall  be  signed  by  the  president,  or,  in  his  absence,  by  the 
president  pro  tempore,  and  shall  at  all  times  be  open  to  inspection.  (Code, 
Sec.  602) 

i.  Compensation. — Such  reasonable  expenses  as  the  members  of  the 
board,  except  the  Governor,  the  Attorney  General,  and  the  Superintendent 
of  Public  Instruction,  may  incur  in  attending  the  meetings  of  the  board,  or 
any  committee  thereof,  shall  be  paid  from  the  funds  at  the  command  of  the 
board  by  warrant  on  the  Second  Auditor  as  other  expenses  of  the  board 
are  paid.     (Code,  Sec.  620) 

The  expense  accounts  of  members  of  the  Board  shall  be  entered  on  printed 
forms  under  three  headings  as  follows: 

1.  Transportation. 

2.  Meals  en   route. 

3.  Expense   allowance. 

(At  the  rate  of  $8.00  per  day  from  time  of  arrival  in  Richmond  on  busi- 
ness of  State  Board  of  Education  or  committees  thereof  to  time  of  leaving,  the 
number  of  days  and  fractions  thereof  to  be  stated.)      (State  Board  Regulation) 

j.     Duties  of  State  Board  of  Education: 

(1)  Divide  State  into  School  Divisions. — It  shall  be  the  duty  of  the 
State  Board  of  Education  to  divide  the  State  into  appropriate  school  divi- 
sions, in  the  discretion  of  said  board;  comprising  not  less  than  one  county 
or  city  each,  but  no  county  or  city  shall  be  divided  in  the  formation  of  such 
divisions.  It  shall,  subject  to  the  confirmation  of  the  Senate,  appoint  for 
each  of  such  divisions  one  superintendent  of  schools,  who  shall  hold  office 
for  four  years  and  who  during  his  said  incumbency  of  this  office  shall  be 
required  to  devote  himself  exclusively  to  the  discharge  of  its  duties;  but 


Virginia  School  Laws  11 


the  said  board  may,  in  its  discretion,  make  an  exception  to  this  rule  of 
exclusive  employment  when  in  the  judgment  of  said  board  such  exception 
will  inure  to  the  benefit  of  the  public  school  system  in  the  division  of 
such  superintendent  thus  excepted.      (Acts  of  1920,  page  640) 

(2)  Appoint  Division  Superintendents. —  (See  Division  Superin- 
tendents, section  5,  page  21). 

(3)  Prescribe  duties  of,  and  remove  division  superintendents;  fill  va- 
cancies.— The  State  Board  of  Education  shall  prescribe  the  duties  of  divi- 
sion superintendents,  and  may  remove  them  for  cause  after  reasonable 
notice,  and  all  vacancies  which  occur  during  the  recess  of  the  General 
Assembly  shall  be  filled  by  appointment  of  the  board  for  the  unexpired 
term,  and  the  appointee  shall  continue  in  office  until  the  expiration  of  thirty 
days  after  the  first  meeting  of  the  General  Assembly,  but  it  shall  not  be 
lawful,  when  the  General  Assembly  is  not  in  session,  for  said  board  to 
appoint  as  division  superintendent  any  person  whose  nomination  has  been 
previously  rejected  by  the  Senate.     (Code,  Sec.  607) 

(4)  Fix  Powers  and  Duties  of  Division  Superintendents. — The  powers 
and  duties  of  the  division  superintendent  shall  be  fixed  by  the  State 
Board  of  Education.     (Code,  Sec.  628) 

(5)  Approve  appointment  of  Clerks  and  fix  their  salaries. — The  State 
Board  of  Education  shall,  in  its  discretion,  approve  the  appointment  by 
the  superintendent  of  a  first  and  second  clerk,  and  such  other  employees 
as  may  be  necessary  for  doing  the  work  in  the  office  of  the  Superintendent 
of  Public  Instruction,  and  fix  their  salaries.  The  first  clerk,  who  is  hereby 
required  to  serve  also  as  secretary  of  the  State  Board  of  Education,  may 
be  allowed  for  these  extra  services  such  reasonable  compensation  as  the 
board  may  deem  just  and  proper.      (Code,  Sec.  608) 

(6)  Make  regulations  for  government  of  schools. — The  State  Board 
of  Education  may  adopt  by-laws  for  its  own  government,  and  make 
all  needful  rules  and  regulations  not  inconsistent  with  law  for  the  manage- 
ment and  conduct  of  the  schools.  Such  rules  and  regulations  not  inconsistent 
with  law  when  published  and  distributed,  shall  have  the  force  and  effect 
of  law  until  revised,  amended  or  repealed  by  the  General  Assembly.  (Code, 
Sec.  609) 

(7)  Provide  for  the  examination  of  teachers;  appoint  inspectors;  fix 
compensation. — a'.  The  State  Board  of  Education  shall  provide  for  the  exam- 
ination of  teachers  by  a  State  board  of  examiners,  and  the  inspection  of 
schools  by  inspectors  to  be  chosen  by  the  State  Board  of  Education  upon 
the  nomination  of  the  Superintendent  of  Public  Instruction,  or  by  the  adop- 
tion of  such  other  plans  as  the  board  may,  in  its  discretion,  deem  wise  and 
expedient.  The  duties,  compensation,  and  expenses  of  such  examiners  and 
inspectors,  shall  be  fixed  by  the  State  Board  of  Education,  and  paid  as 
other  expenses  of  said  board  are  paid.     (Code,  Sec.  610) 

b'.  The  State  Board  of  Education  shall  provide  for  the  examination  of 
applicants  for  teachers'  certificates  through  State  examinations,  and  shall  pro- 
vide further  for  the  certification  of  teachers  in  accordance  with  a  plan  which 
will  guarantee  reasonable  standards  which  will  be  clearly  defined  and  easily 
intelligible  to  teachers,  and  which  will  encourage  professional  equipment. 
Such  a  plan  when  prepared  by  the  State  Superintendent  and  authorized  by  the 
State  Board  of  Education  shall  have  the  effect  of  the  law.  The  plan  shall  be 
published  in  pamphlet  form  and  distributed  to  school  officials  and  other  inter- 
ested persons  in  order  that  full  information  may  be  given  about  the  rules  and 
regulations   governing   teachers'   certificates.      (State   Board    Regulation) 

c'.  Such  State  Supervisors  of  Schools  as  mav  be  necess»rv  shall  be  ap- 
pointed bv  the  State  Board  of  Education  upon  nomination  of  the  Superin- 
tendent  of  Public   Instruction,   who    shall   serve   at   the   pleasure   of    the    Board 


12  Bulletin  State  Board  of  Education 


or  of  the  Superintendent.  They  shall  perform  such  duties  as  the  Superin- 
tendent may  prescribe.  Their  compensations  shall  be  fixed  by  the  Board. 
(State  Board   Regulation) 

(8)  Select  text  books  and  appliances. — The  State  Board  of  Educa- 
tion shall  select  text  books  and  educational  appliances  for  use  in  the  pub- 
lic schools  in  the  State  of  Virginia,  exercising  such  discretion  as  it  may 
see  fit  in  the  selection  of  books  suitable  for  schools  in  the  cities  and 
counties,  respectively,  subject  to  the  conditions  and  restrictions  set  forth 
in  an  act  of  the  General  Assembly  of  Virginia,  approved  March  11,  1915, 
entitled  "an  act  relating  to  contracts  for  text  books  adopted  for  use  in  the 
public  free  schools  of  the  Commonwealth,"  which  is  continued  in  force.  But 
no  text  books  which  may  hereafter  be  adopted  for  use  in  any  public  free 
school  in  the  State  of  Virginia  shall  be  changed  or  substituted  until  the 
same  shall  have  been  used  for  a  period  of  not  less  than  four  years.  (Code, 
Sec.  611) 

(9)  The  State  Board  of  Education  shall  enter  into  written  contracts 
with  the  publishers  of  text  books  adopted  for  use  in  the  public  free  schools 
of  the  Commonwealth,  and  the  said  contracts  shall  contain  the  following 
representations,  terms  and  conditions,  to-wit : 

a'.  That  the  wholesale  prices  named  in  said  contracts  are  in  all  cases 
as  low  as  the  wholesale  prices  at  which  said  books  are  sold  anywhere  in 
the  United  States,  and  that  the  retail  prices  named  in  said  contracts  are  in 
all  cases  as  low  as  the  retail  prices  at  which  said  books  are  sold  any- 
where in  the  United  States,  taking  into  consideration  the  cost  of  distribu- 
tion, and  that  the  terms  of  exchange  of  books  as  set  out  in  said  contracts 
are  in  all  respects  as  favorable  to  the  patrons  of  the  schools  of  Virginia 
as  those  granted  by  the  publisher  anywhere  in  the  United  States. 

b'.  That  if  the  prices  of  said  books  or  any  of  them  shall  at  any  time 
be  reduced,  or  the  terms  of  exchange  made  more  favorable  to  the  pur- 
chasers anywhere  in  the  United  States,  the  same  reduction  and  the  same 
exchange  privileges  shall  thereupon  immediately  be  granted  throughout  Vir- 
ginia, and  the  publisher  shall  immediately  notify  the  Superintendent  of 
Public  Instruction  of  such  changes. 

c'.  That  if  any  such  publisher  should  issue  any  special  or  other  edi- 
tions of  any  such  books  and  sell  the  same  outside  of  the  State  of  Virginia 
at  lower  prices  than  those  named  in  said  contract,  the  said  publisher  shall 
furnish  the  Superintendent  of  Public  Instruction,  immediately  on  the  pub- 
lication of  said  edition,  a  copy  thereof,  together  with  a  statement  of 
the  lowest  price  being  charged  therefor,  and  thereupon  the  State  Board  of 
Education  may,  in  its  discretion,  require  said  publisher  to  issue  a  similar 
edition  for  Virginia,  adapted  in  text  to  use  in  this  State,  and  in  all  respects 
satisfactory  to  the  State  Board  of  Education;  and  the  said  edition  for  Vir- 
ginia shall  be  sold  at  the  lowest  price  at  which  is  sold  said  special  or  other 
edition  issued  outside  of  this  State,  as  aforesaid;  and  if  said  publisher  fail 
to  issue  said  similar  edition,  approved  by  the  State  Board  of  Education, 
in  time  for  use  at  the  beginning  of  the  next  school  year  following  the 
issue  of  said  special  or  other  edition  outside  of  this  State,  then  the  edition 
mentioned  in  the  contract  shall  be  sold  throughout  the  State  at  the  lowest 
price  said  special  or  other  edition  is  sold  outside  of  Virginia,  and  such  re- 
duced price  shall  prevail  until  such  edition  is  issued  for  Virginia,  as  afore- 
said. 

d'.  A  provision  under  which,  in  case  the  publisher  is  a  foreign  cor- 
poration or  a  non-resident  of  this  State,  the  Secretary  of  the  Common- 
wealth shall  be  appointed  as  agent  upon  whom  process  may  be  served 
against  the  publisher  in  case  any  legal  proceedings  be  commenced  to  en- 
force any  rights   or  claims  arising  under  said  contract. 


Virginia  School  Laws  13 


e'.  Any  other  representatives,  terms  or  conditions  which  the  said  Board 
of  Education  may  deem  necessary  for  the  protection  of  the  patrons  and 
pupils  of  the  public  free  schools  or  to  the  interest  of  the  public  school 
system. 

f.  Any  publisher  entering  into  any  contract  shall  furnish  along  with 
the  same  a  sample  copy  of  all  books  mentioned  therein,  and  said  copies 
shall,  in  all  cases.,  be  identified  by  a  reference  to  the  date  of  said  contract 
and  by  the  signature  of  the  publisher  on  the  fly-leaf  thereof  and  all  books 
furnished  in  pursuance  of  said  contract  shall  in  all  respects  as  to  text, 
paper,  binding,  printing,  illustrations,  and  in  all  other  particulars  be  the 
same  as  the  sample  book  filed  with  the  contract  as  aforesaid,  except  such 
changes  as  may  be  agreed  upon  by  the  State  Board  of  Education. 

g'.  And  the  State  Board  is  hereby  authorized,  in  its  discretion,  to 
enter  into  contracts  by  which  the  plates  used  in  printing  books  may  be 
rented  to  manufacturers,  in  order  that  the  same  may  be  used  for  the 
purpose  of  manufacturing  books  for  use  in  the  public  free  schools  of  the 
State. 

h'.  The  State  Board  of  Education  is  authorized  to  enter  into  any 
contracts  pertaining  to  the  distribution  of  school  books,  which  in  the 
opinion  of  the  board  will  improve  the  system  of  distribution  or  lessen 
the  cost  of  books  to  the  patrons  of  the  public  schools. 

i'.  And  each  of  said  contracts  shall  be  accompanied  by  an  affidavit 
that  all  representations  made  therein  are  true,  and  that  the  prices  and 
terms  named  therein  were  not  made  in  pursuance  of  any  understanding, 
agreement  or  combination  to  control  prices  of,  or  restrict  competition  in, 
the  sale  of  text-books;  and  the  said  affidavit  shall  also  set  out,  in  such 
detail  as  may  be  required  by  the  Superintendent  of  Public  Instruction,  the 
publisher's  lowest  list  prices  of  the  books  named  in  the  contract  together 
with  the  lowest  wholesale,  retail  and  exchange  prices  of  the  same  any- 
where in  the  United  States,  whether  sold  to  patrons,  dealers,  school  boards 
or  others.  And  said  contracts  shall  also  be  accompanied  by  a  bond,  with 
good  and  sufficient  surety  in  the  penal  sum  of  not  less  than  one  thousand 
nor  more  than  twenty  thousand  dollars,  to  be  approved  by  the  State 
Boai'd  of  Education  and  to  be  conditioned  upon  the  performance  of  all 
the  terms  and  conditions  of  said  contract  and  the  payment  of  liquidated 
damages  as  hereinafter  provided  for,  and  any  damages  in  excess  thereof 
which  may  be  proved  to  have  been  sustained  by  reason  of  the  violation  of 
such  terms  and  conditions. 

j'.  Upon  the  discovery  of  any  misrepresentation  of  fact  in  said  con- 
tract, or  upon  the  violation  of  any  of  the  terms  or  conditions  therein 
contained,  the  publisher  violating  shall,  upon  the  demand  of  the  said  Board 
of  Education,  pay  as  liquidated  damages,  the  sum  of  one  thousand  dollars 
to  the  Commonwealth  of  Virginia  to  the  credit  of  its  literary  fund,  and  in 
all  cases  of  such  violation  the  said  Board  of  Education  may,  in  its  discre- 
tion, in  addition  to  its  demand  for  liquidated  damages  as  aforesaid,  declare 
said  contract  null  and  void. 

k'.  The  Superintendent  of  Public  Instruction  shall  take  care  that  all 
the  representations,  terms  and  conditions  of  said  contracts  are  complied 
with  and  shall  report  all  violations  of  the  same  to  the  State  Board  of  Edu- 
cation, and  if  said  board  be  of  the  opinion  that  public  interests  so  require, 
they  shall  instruct  the  Attorney  General  to  institute  such  legal  proceedings 
as  he  may  deem  proper  in  the  premises. 

1'.  It  shall  be  the  duty  of  all  division  superintendents  of  schools  school 
trustees  and  teachers  to  notify  the  Superintendent  of  Public  Instruc- 
tion promptly  of  any  departure  on  the  part  of  dealers  from  the  retail  prices 


14  BvMetin  State  Board  of  Education 


of  books  as  fixed  by  the  State  Board  of  Education  and  of  any  failure  to 
furnish  promptly  all  books  necessary  for  use  in  the  public  free  schools. 

m'.  All  votes  of  the  State  Board  of  Education  upon  questions  relating 
to  the  adoption  of  and  contracts  for  text-books  for  use  in  the  public  schools 
of  the  Commonwealth,  shall  be  taken  in  open  sessions  and  shall  be  recorded. 

n'.  All  acts,  or  parts  of  acts,  in  conflict  with  this  act  are  hereby  re- 
pealed.     (Acts    1915,    page   110) 

(10)  Recover  money  due  Literary  Fund. — Any  money  which  ought 
to  be  paid  into  the  public  treasury  to  the  credit  of  the  literary  fund 
shall  (unless  other  provisions  be  made  therefor)  be  recoverable,  with  in- 
terest, by  the  State  Board  of  Education,  bv  motion  after  fifteen  days' 
notice,  or  by  action  in  the  circuit  court  of  the  city  of  Richmond.  The 
Second  Auditor  shall  institute  and  prosecute  the  proceedings  after  an  order 
for  such  motion  or  action  shall  have  been  made  by  the  board. 

The  said  board  may  appoint  agents  for  the  collection  of  its  debts  or 
claims,  and  authorize  them  to  secure  payment  thereof  on  such  terms 
as  it  may  approve. 

When  estate  of  any  person  taken  under  execution,  or  for  sale  under 
any  decree  or  deed  of  trust,  for  any  such  debt  or  claim,  or  for  any  fine,  will 
not  sell  for  the  amount  thereof,  such  agent  may  (under  the  direction  of  the 
board  as  to  the  price)  purchase  such  estate  for  the  board.  He  shall  imme- 
diately report  to  it  every  such  purchase  and  the  terms  thereof.  The  board 
may  sell,  or  appoint  an  agent  to  sell,  any  estate  so  purchased,  who  shall 
sell  at  such  time  and  on  such  terms  as  the  board  may  authorize.  It  shall 
take  bond  from  such  agent  if  any  money  is  to  come  into  his  hands.  Any 
agent  selling  land  under  this  section  shall,  when  directed  so  to  do  by  the 
board,  execute  a  deed  (with  the  resolution  giving  such  direction  thereto 
annexed)  conveying  to  the  purchaser  all  the  interest  which  the  board  may 
have  in  such  land.  For  the  service  of  any  agent  under  this  section,  the  board 
may  allow  compensation,  not  exceeding  in  any  case  fifive  per  centum  on  the 
money  actually  paid  into  the  treasury.     (Code,  Sec.  603) 

(11)  Invest  capital  and  unappropriated  income  of  Literary  Fund. — 
The  State  Board  of  Education  shall  invest  the  capital  and  unappropriated 
income  of  the  literary  fund  in  bonds  of  this  State,  or  of  the  United  States, 
or  in  bonds  of  railroad  companies,  secured  by  first  mortgages,  whose  market 
value  for  six  months  preceding  the  investment  has  not  been  less  than  ninety 
cents  on  the  dollar,  or  in  bonds  made  by  one  or  more  of  the  district  school 
boards  of  the  different  school  districts  in  this  State,  and  when  such  school 
bonds  arc  purchased  on  account  of  the  literary  fund,  a  lien  in  favor  of  said 
fund  is  hereby  created  against  all  the  funds  and  income  of  said  district,  as 
well  as  upon  the  property  upon  which  said  loan  is  made.  The  said  board 
may  call  in  any  such  investment,  or  any  heretofore  made,  and  reinvest  the 
same,  as  aforesaid,  whenever  deemed  proper  for  the  preservation,  security, 
or  improvement  of  the  said  fund.  Whenever,  in  accordance  with  this  section, 
the  hoard  shall  invest  as  aforesaid  in  bonds  of  this  State,  no  premium  shall 
be  required  or  paid  on  such  investment.  All  securities  for  money  belonging 
to  the  literary  fund  shall  he  deposited  with  the  Second  Auditor  for  safe 
keeping,  wl  o  shall  return  with  his  annual  report  a  list  thereof  with  a  state- 
ment of  their  value.     (Code,  Sec.  fil4) 

(!_'>  Audit  claims  out  of  Literary  Fund. — The  State  Board  of  Edu- 
cation shall  audit  all  claims  which  are  to  be  paid  out  of  the  literary  fund 
and  to  all"v.  -  much  thereof  as  shall  appear  to  be  due,  provided,  that  not 
more  than  ten  years  shall  have  elapsed  when  by  law  such  claim  might  have 
been    p  .1    for   payment.     For  anv  claims  so  allowed,  certified  bv  the 

secretary  and  pressing  officer  of  the  board,  the  Second  Auditor  shall  issue 


'Virginia  School  Laws  15 


his  warrant  on  the  treasurer,  signed  by  the  Second  Auditor  and  attested  by 
one  of  his  clerks.  All  money  belonging  to  the  literary  fund  shall  be  re- 
ceived into  the  treasury  on  the  warrant  of  the  Second  Auditor,  who  shall 
also  be  the  accountant  of  said  fund.     (Acts  of  1920,  page  61) 

(13)  Apportion  school  funds;  determine  expenses  of  State  department 
of  education. — The  State  Board  of  Education  shall  approve  or  amend  the 
schemes  prepared  by  the  Superintendent  of  Public  Instruction  for  apportion- 
ing the  money  appropriated  by  the  State  for  public  free  school  purposes 
among  the  several  counties  and  cities  of  the  State;  determine  the  necessary 
contingent  expenses  of  the  office  of  the  Superintendent  of  Public  Instruction, 
including  stationery,  postage,  printing,  furniture  and  other  charges,  to  ex- 
amine the  accounts  thereof;  and,  when  approved,  to  issue  warrants  on  the 
Second  Auditor  for  the  payment  of  the  same,  said  warrants  to  be  signed  by 
the  secretary  and  the  presiding  officer  of  the  board.     (Code,  Sec.  616) 

(14)  Keep  certificates  of  West  Virginia's  share  of  debt. — The  certifi- 
cates given  for  the  third  of  the  bonds  set  apart  for  West  Virginia's  portion 
of  the  debt  held  by  the  literary  fund  shall  be  safely  deposited  and  kept  by 
the  Board  of  Education,  subject  to  the  provisions  of  any  settlement  which 
may  be  had  between  this  State  and  the  State  of  West  Virginia,  in  reference 
to  the  public  debt  of  Virginia  created  prior  to  the  formation  of  the  State  of 
West  Virginia.     (Code,  Sec.  2641) 

(15)  Act  as  custodian  for  donations  to  public  free  schools. — Be  it 
enacted  by  the  General  Assembly  of  Virginia,  That  any  donations  made  or  to 
be  made  to  the  Board  of  Education,  or  to  any  individual  member  thereof, 
for  the  benefit  of  any  public  free  school  or  schools  in  the  Commonwealth, 
may  be  paid  into  the  treasury  upon  the  warrant  of  the  Second  Auditor,  who 
shall  enter  the  same  in  a  separate  account  on  the  books  of  that  office.  And 
such  donations  shall  be  paid  out  in  accordance  with  the  wishes  of  the  donor 
upon  the  order  of  the  Board  of  Education  upon  the  Second  Auditor  as  other 
school  funds  are  now  disbursed  by  said  board.  (Acts  1918,  Chap.  371,  page 
560) 

(16)  Make  regulations  for  distribution  of  loans  from  the  Literary 
Fund. — The  State  Board  of  Education,  by  reasonable  rules  and  regulations, 
shall  provide  for  an  equitable  distribution  of  the  funds  loaned  under  this 
chapter    among    the    several    school    districts    and    sections    of    the    State. 

(Code,  Sec.  673) 

(17)  Fix  fines  for  neglect  of  duty  by  division  superintendent ;  appoint 
board  of  directors  of  State  Library. — The  State  Board  of  Education  L-hall 
punish  division  superintendents  of  schools  for  neglect  of  duty,  or  for  any 
official  misconduct,  by  reasonable  fines,  to  be  deducted  from  their  pay;  by 
suspension  from  office  and  pay  for  a  limited  period,  or  by  removal  from 
office;  appoint  a  board  of  directors,  consisting  of  five  members,  to  serve 
without  compensation,  which  shall  have  the  management  of  the  State  Library 
(except  the  law  library),  and  the  appointment  of  a  librarian  and  other  em- 
ployees thereof  subject  to  such  rules  and  regulations  as  the  General  As- 
sembly shall  prescribe.     (Code,  Sec.  617) 

(18)  Guard  against  multiplication  of  schools. — The  State  Board  of 
Education  shall  guard,  by  regulations  against  such  a  multiplication  of 
schools  in  proportion  to  the  funds  provided,  as  will  tend  to  cause  a  low 
grade  of  instruction  in  the  schools,  or  in  any  other  way  impair  their  effi- 
ciency, but  said  board  shall  not  make  any  regulation  by  which  any  com- 
munity is  deprived  of  an  existing  school  where  the  average  attendance  is 
above  twenty,  without  the  consent  of  two-thirds  of  the  patrons  of  that  school. 
Pupils  shall'  not  be  transported  in  vehicles  on   the  public  highways  for  a 


1,;  Bulletin  State  Board  of  Education 


greater  distance  than  five  miles,  except  on  macadamized  roads,  where  the 
distance  shall  not  exceed  seven,  unless  the  transportation  is  by  a  motor 
vehicle,  when  it  shall  not  exceed  ten.     (Code,  Sec.  612) 

i  lit  i      Man  establish   summer  schools. — Such   sums   as  may  be  appro- 
priated by  law  may  be  used  annually  by  the  State  Board  of  Education  for 
the  establishment  and  maintenance  of  State  summer  schools  for  the  better 
I  of  the  teachers  in  the  public  schools  of  this  State:  provided,  that 
not  less  than  eight  such  summer  schools  shall  be  held  annually  in  this  State. 
>de,  Sec.  69 

(20)  Approvi  plans  for  summer  schools;  audit  accounts. — The  State 
Board  of  Education  shall  approve  or  amend  the  plans  of  the  Superintendent 
of  Public  Instruction  for  the  organization  and  conduct  of  the  summer  nor- 
mal schools,  to  audit  the  accounts  for  the  expenses  of  such  schools,  and  issue 
warrants  for  the  payment  thereof  as  other  warrants  are  issued  by  the  said 
board.     (Part  Code,  Sec.  613) 

(21)  Decide  appeals;  order  the  sense  of  voters  taken. — The  State 
Board  of  Education  shall  decide  appeals  from  the  decisions  of  the  Superin- 
tendent of  Public  Instruction,  provided,  that  all  the  facts  and  arguments  in 
each  case  shall  be  presented  in  writing,  and  in  such  form  as  the  board 
may  prescribe;  and  order  the  sense  of  voters  to  be  taken  in  counties  or 
districts  oil  all  matters  which  may  be  properly  so  referred  under  the  pro- 
vision-  of   the  school    law   whenever  deemed   proper-   by  the  board.      (Part 

de,  Sec.  613). 

(22)  Maki  regulations  for  children  attending  school  in  adjoining  dis- 
tricts.— The  State  Board  of  Education  shall  have  power  and  it  shall  be  its 
duty  to  make  regulations  whereby  the  children  of  one  district  may  attend 
school  in  an  adjoining  district,  out  of  the  county  or  an  adjoining  city; 
provided,  that  white  and  colored  persons  shall  not  be  taught  in  the  same 
school,  but  shall  be  taught  in  separate  schools,  under  the  same  general  regu- 
lations as  to  management,  usefulness  and  efficiency.     (Acts  1920,  page  59) 

The  public  schools  shall  be  free  to  all   persons  between   the  ages  of  7  and 
idlng    within    the    school    district.      Wherever    a    school    is    so    situated    in 
one  district  county   that    it   is  more  convenient  and   advantageous  for   the 

an  adjoining   district   to  attend,  such  children  may  attend  in  accord- 
e  with   a   plan  by  the   school   hoards  of  the  two  districts  con- 

cerned.     In    the    absence   of    sue!  eement,    the    Hoard    of   the    district   from 

wi  Idren   come  shall   pay  to   the  board  of  the  district  in   which   the 

children   i  the  actual   per  capita  cost  of  tuition    as   ascertained  by 

the   Bchool    superintendents   of   the   two   counties.      (State    Board   Regulation) 
Provided    thai    such    hoard    may    not    be    liable    for   the    tuition    in    the   ele- 
i    any  children   who   live   within   two  miles  oi    a    school  main- 
taii  trict;    and    provided,    further,    that    any   person    interested    in 

either  of  the  district  rned   may   appeal   to   the  Superintendent  of  Public 

tructlon    either   as    to   the    attend  such    pupils   or    as    to    the   cost   of 

edu  I       (State   Board    Regulation) 

(23)  encouragement    </„,]   maintenance   of  vocational  educa- 

■'■'   Th<  Board   of   Education   shall   investigate  and  assist  in  the 

introduction  of  industrial,  agricultural,  household  arts  and  commercial  edu- 
cation: aid  local  >.  I  <  i  1  authorities  to  inaugurate  and  superintend  the  estab- 
lishment and  maintenance  of  schools  and  departments  of  schools  or  other 
Bgencn  id  forms  of  education;  inspect  such  school    depart- 

ed ag(  and  allow  to.  such  schools  and  departments  as  are  ap- 

proved by  Bflid  board,  the  moneys  to  which  such  schools  and  departments 
may  be  .-nti  led  from  time  to  time  out  of  funds  appropriated  bV  the  Gen- 
eral Assembly  for  the  benefit  of  such  forms  of  education.     (Code,  Sec.  618) 

,;-'"       l''  "f  State  Board  of  Vocational  Education.— 1.  Be  it  enacted 
by  the  Gene.;  mbly  of  Virginia,  That  the  State  Board  of  Education 


Virginia  School  Laivs  17 


be,  and  is  hereby,  delegated  to  act  as  the  State  Board  for  Vocational  Edu- 
cation, to  carry  out  the  purposes  of  said  Federal  Act,  and  to  co-operate 
with  the  Federal  Board  for  Vocational  Education  for  the  purposes  of  this 
act.      (Acts   of  1918,   Chap.  73,   page    132) 

(25)  Make  report  to  General  Assembly. — The  State  Board  of  Edu 
cation  shall  observe  the  operations  of  the  public  free  school  system,  to 
regulate  such  matters  as  may  arise  in  the  practical  administration  thereof 
not  otherwise  provided  for,  and  to  suggest  to  the  General  Assembly  any 
improvements  deemed  advisable  therein,  and  for  which  the  said  board  has 
no  power  to  provide;  make  a  report  to  the  General  Assembly  at  each 
regular  session,  covering  the  annual  report  of  the  Superintendent  of  Pub- 
lic Instruction   giving  an  account  of  the  operations  of  the  board  for  two 

school  years  immediately  preceding  the   session  of  the   General  Assembly. 
(Code,  Sec.  619) 

(26)  Fix  standards  for  high  schools. 

The  State  Board  shall  accredit  as  standard  high  schools  certain  high 
schools  in  the  State  which  meet  the  requirements  set  up  by  said  Board, 
and  shall  further  accredit  as  junior  high  schools  or  intermediate  schools  those 
institutions  which  meet  th^  requirement  standards.  (For  minimum  require- 
ments,   sep   High    Schools,    page    ).      (State    Board    Regulation) 

(27)  Register  State  institutions  of  higher  learning. 

The  State  Board  of  Education  shall  register  State  institutions  of  higher 
learning  in  accordance  with  standard  requirements  fixed  by  said  Board. 
Private  institutions  may  be  registered  on  formal  invitation  to  the  State  Board 
of  Education  to  havp  an  inspection  made  and  a  proper  rating:  fixed.  (State 
Board    Regulation) 

a'.     The  following  are  the  mil  imum  requirements  of  the  standard  college: 

The  Standard  American  College  is  a  college  with  a  four-year  curriculum 
with  a  tendency  to  differentiate  its  parts  in  such  a  way  that  the  first  two 
years  are  a  continuation  of,  and  a  supplement  to,  the  work  of  the  necessary 
instruction  as  given  in  the  high  school,  while  thp  last  two  years  are  shaped 
more  or  less  distinctly  in  th^  direction  of  special,  professional,  or  university 
instruction. 

1.  Entrance  Requirements. — Entrance  requirements  must  be  not  less  thari 
fourteen  standard  high  school  units,  covering  four  years  of  high  school  work 
in    an    accredited    high    school    or    its    equivalent. 

2.  Required  for  Graduation. — The  completion  of  college  work  amounting 
to  not  less  than  fifteen  sixty-minute  class  periods  per  week  through  four 
sessions  of  at  least  thirty-six  weeks  each,  that  is,  sixty  session  hours  or  one 
hundred    twenty    semester    hours. 

3.  Number  of  Degrees. — The  conferring  of  a  multiplicity  of  degrees  is 
discouraged.  Small  institutions  should  confine  themselves  to  one  or  two. 
When  more  than  one  baccalaureate  degree  is  offered  all  should  be  equal  in 
requirements  for  admission  and  for  graduation.  Institutions  of  limited  re- 
sources   should    confine   themselves   to    undergraduate   work. 

4.  Number  of  College  Departments. — The  college  should  maintain  at  least 
eight  sepp.rate  departments  in  liberal  arts  and  science  with  not  less  than 
one   professor    devoting   his    whole    time    to    each    department. 

5.  Training  of  the  Faculty. — The  minimum  scholastic  requirements  of 
seventy-five  per  cent,  of  the  teachers  of  classes  in  the  standard  college 
shall  be  graduation  from  a  standard  college,  and,  in  addition,  graduate  work 
in  a  university  of  recognized  standing  amounting  to  at  least  one  year,  and 
the  professional  requirements  of  the  remaining  twenty-five  per  cent,  of  the 
faculty    shall    be    equivalent    to    the    above    standard. 

6.  Salaries. — The  average  salary  paid  to  members  of  the  faculty  is  an 
important  consideration  in  determining  the  standing  of  an  institution.  The 
minimum  salary  of  a  full   professor   must  be  not  less  than   $1,500. 

7.  Number  of  Class-room  Hours  Per  Teacher. — Not  more  than  eighteen 
hours  per  week  shall  be  required  of  any  teacher,  fifteen  being  recommended 
as  the  maximum. 

8.  Number  of  Students  in  Classes. — The  number  of  students  in  a  recita- 
tion or  laboratory  section  should  be  limited  to  thirty.  A  smaller  number  is 
desirable.' 


IS  Bulletin  State  Board  of  Education 


g  Support. — In  addition  to  income  from  tuition  fes,  room  rent,  boarding 
halls,    etc.,    the    college    should    have   a    productive    endowment    of    $200,000    or 

equii  alenl    In  ired    income. 

in.  Library,  The  library  should  contain,  exclusive  of  public  documents 
and    periodicals,    at    leai  I    7,000    volumes   bearing   specifically    upon    the  subjects 

ht  and  should  have  an  appropriation  of  not  less  than  $500.00  a  year 
for   permanent    additions. 

11.  Laboratories,  Tin-  laboratory  equipment  should  be  sufficient  for  all 
of  id.    .  \p.  rlments  called   for  by  the  courses  offered  in  the  sciences — sufficiency 

ured  l>v  tin-  value  of  apparatus  and  equipment — which  should  be 
,„  Cbemistrj  nol  le:  than  $2,500,  in  Physics  not  less  than  $3,500,  and  in 
Biology,  not  l.ss  than  $2,000,  for  the  courses  usually  offered  in  these  sub- 
lects  in   the  average  standard  college. 

12.  Separation  of  College  and  Academy. — The  college  may  not  maintain 
a    preparatory    school    or    ,.        ib     ollegiate    department    as    part    of    its   college 

organization.      In    <  h    a    school    is   maintained   under   the  college   charter, 

it    must    be    kepi    rigidly    distinct    and    separate   from    the    college    in    students, 
tlty,   and   buildings. 

1 ::.      Proportion  of   Regular  <'ollege  Students  to  the  Whole  Student  Body. — 
At    least   seventy-flve   per   cent,  of  the  students   in  a  college  should  be  pursuing 
ding  i"   baccalaureate  degrees  in  arts  and  science.     The  classifica- 
tion   oi    students    must    be    printed    in  the  catalogue. 

II.     G  Statement   Concerning   Material   Equipment. — The  location  and 

construction    of    the    buildings,    the    lighting,    heating,    and    ventilation    of    the 

rooms,   the   nature  of   the   laboratories,   corridors,  closets,   water   sudpIv,   school 

furniture,    apparatus,    and    method  of  cleanine:   shall   be   such   as    to    insure   hy- 

dition    for  ud«»nts    and    teachers. 

15.  General  Statement  Concerning  Curriculum  and  Spirit  of  Administra- 
tion, 'lie  character  of  the  curriculum,  the  efficiency  of  instruction,  the  scien- 
tific spirit,  the  standard  for  regular  degrees,  the  conservatism  in'  granting 
honorary  di  uol  the  tone  of  the  institution  shall  also  be  factors  in 
determining    its    stand  i 

16,  Standing    in    the    Educational    World. — The   institution   must   be   able  to 
!•■    its   students   to   enter    recognized    schools   as    candidates    for   advanced 

degri 

b'.     The   following   are   (he   minimum   requirements    for  a    junior   college: 

A    Standard    Junior    College    is    an    institution    with    a    curriculum    covering 

i.ate   work    iai    bast    thirty   session   hours,   or  the   equivalent 

ter,    or    term,   or  quarter   credits),    which    is    based    upon   an   accredited 

four-year    high    school.      A    session    hour    is   defined   as   one   sixty-minute   period 

of   class   room    work    in    lecture   or  recitation    for    a    period    of    thirty-six   weeks, 

of  laboratory    work    being  counted   as   the  equivalent  of  one   hour 

of   lecture   or   recitation. 

I.  Entrance  Requirement. — The  junior  college  shall  require  for  registra- 
tion 01  college  student  the  completion  by  tin-  student  of  at  least 
fourteen  units  of  standard  high  school  work,  covering  four  years  of  secondary 
work    in   an  school   or    its  equivalent. 

J.     Training     <>i     the     faculty. — The    minimum    scholastic    requirements    of 

sevetnty-flve    per   cent,   of   the    teachers   id'   classes    in    the   junior   college  shall 

raduation    from    a    standard    college,    and.    in    addition,    graduate    work    in 

a    university    of    recognized     standing    amounting    to    one    year,    and    the    pro- 

requirements   of   the   remaining   twenty-live  per   cent,    of    the   faculty 

Bhall    be    equivalent    to    'be    above    standard. 

on    on    College    Basis. — The   work    of   the  junior    college   must 

1 rganized  on  a   collegiate  as  distinguished   from  a   high   school   basis      col- 

lege   methods  and  college   teXis   musl    be  used.     It  shall   confer  no  deVree 


Mum  her   of   Students   in   ('ia~s,.t; The  limit  ^r  +i,»  *_ 

}S "    lab°rat0ry    Clasl    '" '•    kn&  eo?feii%nriSerno°tf  CftS 

course*    In   the  college  department  nt>   students  with  their  entire 


Virginia  School  Laivs  19 


9.  Library  and  Laboratories. — The  junior  college  shall  have  library  and 
laboratory  facilities  sufficient  to  carry  on  its  work  in  the  same  manner  as 
it  would  be  carried  on  in  the  first  two  years  of  an  accredited  standard  college. 

10.  High  School  Department  Must  Be  Accredited. — No  junior  college  will 
be  accredited  by  the  State  Board  of  Education,  when  maintained  in  connec- 
tion with  a  high  school  or  secondary  school,  unless  such  school  is  also  ac- 
credited  by   the  State   Board   of   Education. 

11.  General  Statement  Concerning  Material  Equipment. — The  location  and 
construction  of  the  building,  the  lighting,  heating  and  ventilation  of  the  rooms, 
the  nature  of  the  laboratories,  corridors,  closets,  water  supply,  school  .furni- 
ture, apparatus,  and  methods  of  cleaning  shall  be  such  as  to  insure  hygienic 
conditions   for  both   students   and   teachers.      (State   Board    Regulation) 

(28)      Supervise- Virginia   Normal  and  Industrial  Institute  Board: 

a'.  The  institute  and  board  of  visitors  shall  be  under  the  supervision 
and  control  of  the  State  Board  of  Education ;  and  no  action  of  said  board 
of  visitors  shall  be  valid  if  disapproved  by  the  State  Board  of  Education, 
(Code,   Sec.  968) 

b'.  The  State  Board  of  Education,  during  the  recess  of  the  General 
Assembly  may,  for  good  cause,  after  reasonable  notice,  remove  any  mem- 
ber of  the  board  of  visitors,  subject  to  the  approval  of  the  Senate.  The 
grounds  of  removal  shall,  in  every  case,  be  spread  upon  the  record  of 
their  proceeding.     (Code,  Sec.  963) 

4.     Superintendent  of  Public  Instruction. 

a.  Election  and  term. — There  shall  be  elected  by  the  qualified  voters 
of  the  State,  on  the  Tuesday  after  the  first  Monday  in  November,  nine- 
teen hundred  and  twenty-ore,  and  every  four  years  thereafter,  a  Superin- 
tendent of  Public  Instruction,  who  shall  be  an  experienced  educator,  and 
whose  term  of  office  shall  commence  on  the  first  of  February  following 
his  election. 

b.  Salary. — His  salary  shall  be  fixed  by  the  General  Assembly,  and  he 
shall  be  allowed,  in  addition  to  his  salary,  for  his  necessary  traveling  ex- 
penses while  engaged  in  the  duties  of  his  office,  such  sum  as  may  be  ap- 
propriated by  law. 

c.  Vacancy. — Any  vacancy  occurring  in  the  office  shall  be  filled  for 
the  unexpired  term  by  the  State  Board   of  Education. 

d.  Qualification. — Before  entering  upon  the  discharge  of  the  duties 
of  the  office  he  shall  qualify  bv  taking  and  subscribing  the  oath  required 
of  all  officers  of  the  State.     (Code,  Sec.  621) 

e.  Bond. — The  penalties  of  the  bonds  shall  be  as  follows:  Of  the 
Superintendent  of  Public  Instruction,  ten  thousand  dollars;  of  each  of  his 
clerks,  two  thousand  dollars.  The  cost  thereof  shall  be  paid  by  the  Com- 
monwealth.    (Part  of  Sec.  325,  Code  1920) 

f.  Duties: 

(1)  He  shall  be  ex-officio  president  of  the  State  Board  of  Education, 
by  which  his  duties  shall  be  prescribed.     (Code,  Sec.  623) 

(2)  The  Superintendent  of  Public  Instruction  shall  be  an  ex-officio 
member  of  all  the  educational  governing  boards  of  all  institutions  receiving 
appropriations  from  the  State,  of  whatever  kind  or  class.     (Code,  Sec.  622) 

g.  Approve  plans  and  specifications  for  school  buildings  on  which 
loans  are  made  from  Literary  Fund. — Upon  the  approval  of  the  Superin- 
tendent of  Public  Instruction  of  the  plans  and  specifications  for  the  loca- 
tion of  the  proposed  building,  and  of  the  making  of  the  loan,  the  State 
Board  of   Education  may,  in  its  discretion  make  such   loan ;  but  no  such 


20  Buttetin  State  Board  of  Education 


loan  ahall  exceed  the  sum  of  twenty-five  thousand  dollars,  nor  shall  it 
exceed  two-thirds  of  the  cost  of  the  school  house,  and  any  addition  thereto, 
and  no  loan  shall  be  made  to  aid  in  the  erection  of  a  building  or  addi- 
tion to  cost  less  than  two  hundred  and  fifty  dollars.  Whenever  such  loans 
are  made  for  the  purpose  of  enlarging  a  school  house,  any  part  of  the 
of  such  loans  may,  in  the  discretion  of  the  State  Board,  be  used 
to  retire  any  previous  loans  on  such  school  house,  although  such  pre- 
vious loans  may  not  have  matured.      (Code,  Sec.  759) 

h  Transmit  to  Auditor  of  Public  Accounts  and  division  superintendents 
a  distributive  statement  of  State  funds.— The  Auditor  of  Public  Ac- 
counts, on  or  before  the  first  day  of  November  of  each  year,  shall  make 
a  calculation  of  the  gross  amount  of  all  funds  applicable  to  public  free 
school  purposes  for  the  ensuing  year,  which  calculation  shall  be  based 
upon  the  State  taxes  assessed  for  school  purposes  upon  persons,  real 
estate,  and  tangible  personal  property,  and  the  property  of  public  service 
corporations  other  than  the  rolling  stock  of  corporations  operating  rail- 
Is  by  steam;  and  the  Auditor  of  Public  Accounts  shall  include  in 
.-aid  calculation  ten  cents  on  every  one  hundred  dollars  of  the  assessed 
value  of  the  rolling  stock  of  corporations  operating  railroads  by  steam 
and  a  liki  amount  on  every  one  hundred  dollars  of  the  assessed  value  of 
the  intangible  personal  property,  and  so  far  as  said  calculation  shall  be 
d  upon  the  land  and  property  books  of  the  several  commissioners  of 
the  revenue  for  said  year,  he  shall  base  his  calculations  upon  the  commis- 
sioners' books  of  the  next  preceding  year  when  said  books  have  not  been 
received  in  time.  From  the  aggregate  thus  ascertained  the  Auditor  shall 
deduct  as  an  allowance  for  delinquents  ten  per  centum  of  the  State  tax  for 
public  free  school  purposes  upon  persons  and  real  estate  and  upon  tangible 
and  intangible  personal  property:  provided,  howeATer,  that  no  deduction 
shall  be  made  for  delinquents  upon  the  property  of  public  service  corpora- 
tions, including  the  rolling  stock  of  corporations  operating  railroads  by 
st.  am,  or  upon  shares  of  bank  stock,  and  shall  report  to  the  Superin- 
tend, nt  of  ''ublic  Instruction  not  later  than  the  first  day  in  November  of 
each  year  the  net  amount  of  all  funds  found  to  be  applicable  to  public  free 
school  purposes  for  the  current  year  after  making  the  deductions  herein 
provided  for  as  an  approximate  basis  for  distribution;  whereupon,  under 
the  direction  of  the  Superintendent  of  Public  Instruction,  there  shall  be 
furnished  to  the  Auditor  a  distributive  statement  of  the  amounts  due  the 
ral  counties  and  cities  in  the  State  upon  this  approximate  basis. 
Upon  receipt  of  such  statement  the  Auditor  shall  issue  his  warrant 
upon  the  Treasurer  of  the  State  for  one-half  of  the  amount  each  city  or 
county  is  entitled  to  receive,  payable  to  the  treasurer  of  such  city  or 
county;  and  on  the  first  day  of  February  following,  the  Auditor  shall 
■  h.is  warrant  upon  the  Treasurer  of  the  State,  for  the  other  half  of 
the  amount  each  city  <ir  county  is  entitled  to  receive,  payable  to  the  treas- 
urer of  such  city  or  county.     (Code,  Sec.  746) 

i.      State   Board   Regulations: 

The   Superintendent    of   Public    Instruction    shall    be  the   chief  executive  of 
the    public    school    system,  hall    have    the    following    duties: 

(1)      ll.    shall    take   care    that    the   school    laws   and  regulations   are    faith- 
full  ited       He   shall  determin.    the  true  intent   and  meaning  of  such  laws 
ulation  explain    to    division    superintendents    and    other    school 
officers    the    duties    imposed    upon    them    by    law.      His    decision    shall    be    final 
tin!.--    and   until  i    by  the  State    Board   of  Education. 

11    prepare    or    have    prepared    suitable    registers,    blanks    and 

"it, ■  nicn    may   be   necessary    for   making   appropriate  reports    to  the 

Department    oi     Edu<  ition.      I  tlai      and    otherwise   he    shall    give   infor- 

""   :""1  """   conducive   to   the   proper   organization  and   conducting 

1,1        III'  '     llOllls. 


Virginia.  School  Laivs  21 


(3)  He  shall  reauire  of  division  superintendents  detailed  reports  annually 
and   special   reports   from   time  to   time   as   he   may  deem  proper. 

(4)  It  shall  be  his  duty  as  often  as  may  he  consistent  with  his  other 
official  engagements  to  make  tours  of  inspection  among  the  public  free  schools 
of  the  State.  He  shall  use  all  proper  means  to  promote  an  appreciation  of 
education   among-  the  people. 

(5)  He  shall  decide  appeals  from  the  decision  of  a  division  superin- 
tendent when  such  appeals  a'-e  made  as  prescribed  by  law;  he  may,  however, 
refer  to  the  State  Board  of  Education  such  appeals  and  the  decision  of  this 
Board  shall  be  final. 

(f>)  Copies  of  his  decision  and  of  the  decision  of  the  Board  as  well  as 
all  official  papers  shall  be  kept  on  file  in  the  Department  of  Education,  and 
shall   be  open  to  the  inspection   of  persons   concerned. 

(7)  He  shall  preserve  in  convenient  form  in  his  office  all  papers,  docu- 
ments and  records  relating  to  educational  work  in  Virginia  and  in  other 
States. 

(8)  He  shall  prepare,  as  prescribed  by  law.  a  scheme  for  apportioning 
the   money   appropriated   by  the   State   for   public   school   purposes. 

(fl)  He  shall  provide  for  his  office  a  suitable  official  seal  with  which 
official  documents  may  be  authenticated. 

(10)  He  shall  finally  submit  to  the  State  Board  of  Education  on  or  before 
the  first  day  of  November  a  detailed  report  of  his  official  proceedings  for 
the  year  ending  the  thirtieth  day  of  June  preceding,  exhibiting  a  plain  statisti- 
cal account  of  receipts  and  expeditures  for  the  public  schools,  and  of  their 
condition  and  progress,  showing  the  number  of  children,  male  and  female, 
wrhite  and  colored,  respectively,  in  the  State  and  in  each  county,  city,  and 
school  district,  between  the  ages  of  7  and  20,  the  average  and  total  num- 
ber at.  school  during  the  year,  wages  pair]  teachers,  the  cost  of  educa- 
tion per  pupil,  and  whatever  else  may  tend  to  exhibit  the  real  condition  of 
the  schools:  he  shall  be  at  liberty,  and  it  shall  be  his  duty  to  offer  sug- 
gestions to  the  State  Board  of  Education,  and  to  the  General  Assembly  con- 
cerning matters  pertaining  to  his  department  at  any  time  that  the  public 
interest  seems   to  him  to  reauire  it. 

(11)  Enforce  collection  of  fines  due  Literary  Fund. — The  Superintendent 
of  Public  Instruction,  by  and  with  the  advice  of  the  Attorney  General  is  au- 
thorized to  take  such  steps  and  employ  such  attorneys  and  agents  for  the 
collection  of  fines  due  the  Commonwealth  for  the  benefit  of  the  literary  fund 
as  may  be  deemed  necessary,  the  said  attorneys  and  agents  to  be  paid  for 
their  services  out  of  actual  collections  made  in  each  individual  case  such  com- 
pensation as  may  be  agreed  on  in  writing;  provided,  that  no  such  attorney 
or  agent  shall  be  employed  to  enforce  the  collection  of  any  fine  which  has 
been  imposed  during  the  term  of  office  of  any  attorney  for  the  Commonwealth 
now  in  office  in  the  State.  "When  such  collections  are  made,  the  net  amounts 
thereof  shall  be  turned  into  the  treasury  of  the  State  to  the  credit  of  the 
literary  fund  as  provided  by  law,  and  the  Superintendent  of  Public  Instruc- 
tion, bv  and  with  the  advice  and  co-operation  of  the  Attorney  General,  is  au- 
thorized to  make  such  compromise,  settlement  and  adjustment  of  said  fines 
as  may  be  deemed  right  and  proper  and  for  the  best  interests  of  the  school 
funds    of    the    State.      (State    Board    Regulation) 

5.     Division  Superintendents. 

a.  .Appointment. — Within  thirty  days  before  April  first,  nineteen  hun- 
dred and  twenty-one,  and  everv  four  years  thereafter,  the  State  Board 
of  Education  shall,  subject  to  the  confirmation  of  the  Senate,  appoint  one 
division  superintendent  of  schools  for  each  school  division  that  the  State 
Board  may.  in  its  discretion,  establish  according  to  law.  provided  that 
no  fpderal  officer,  except  a  fourth-class  postmaster,  no  supervisor,  or  county 
or  Ftate  officer,  except  a  notary  public,  or  any  deputy  of  said  officers 
shall  be  chosen  or  allowed  to  act  as  division  superintendent  of  schools.  In 
the  event  that  the  State  Board  of  Education  fails  to  elect  a  division  super- 
intendent for  each  division  on  or  before  April  first  of  the  year  in  which 
said  election  is  due  to  take  place,  the  division  superintendent  of  schools 
then  in  office  for  each  division  in  which  the  board,  fails  to  elect  according 
to  law  shall  be  declared  elected  for  the  succeeding  four  years  from  Julv 
first   of  said  vear,  provided  he   is  an   applicant.      In  the   event   the   board 


22  Bulletin  State  Board  of  Education 


fails  to  make  in  the  time  specified  an  election  in  any  school  division  where 
the  former  superintendent  is  not  an  applicant,  because  of  a  deadlock,  the 
boani   i     instructed  to  determine  the  same  by  lot. 

b.  Educational  qualification.— The  board  shall  not  consider  for  divi- 
sion superintendent  of  schools  any  man  who  does  not  hold,  or  has  not  held 
a  State  teacher's  license  the  equivalent  of  a  first  grade  certificate,  or  who 
has  not  already  held  the  office  of  division  superintendent,  or  who  has  not 
been  a  teacher'  for  such  number  of  years  as  the  board  may  designate,  and 
in  order  that  an  applicant  for  the  position  of  division  superintendent  may 
know  what  qualifications  are  required  of  him,  the  State  Board  of  Educa- 
tion is  hereby  required  to  publish  on  the  first  day  of  February  of  the  year 
in  which  said  election  is  to  take  place,  a  statement  showing  the  minimum 
qualifications  f<  position  of  division  superintendent  of  schools,  which 
statement  shall  be  furnished  to  all  applicants  on  request.     (Code,  Sec.  624) 

Th«  following  minimum  Qualifications  lor  the  position  of  division  .superin- 
i-  odenl   of  scl  ■  reby   prescribed  : 

The  applicant  shall  meet  the  qualifications  as  set  forth  in  one  of  the  follow- 
ing  sub  sections    numhered    from   one   to    four. 

i  1  i  Tin-  applicant  must  show  that  he  holds  or  has  held  a,  teacher's  license 
at  hast  the  equivalent  of  a  first-grade  certificate,  and  must  also  show  that 
in-  has  hail  a!  Last  three  years'  experience  as  a  teacher  or  school  supervisor  or 
principal  within  the  ten  years  immediately  preceding  the  commencement  of 
the  term  "i    office   for   which  he  applies;   or 

11')  The  applicant  must  show  that  he  has  successfully  completed  at  least 
two  years  "i  college  work  within  ten  years  immediately  preceding  the  com- 
mencement n!  the  term  of  office  for  which  he  applies  in  a  recognized  college 
or  normal  school,  atid  that  the  course  which  lie  has  completed  embraced  at 
least    three    hours    of   education    per    week    throughout   each   session;    or 

( :; )  Th<  applicant  must  show  that  he  is  a  full  graduate  of  a  standard 
college,   the  degree  having  been   conferred   within  ten   years  immediately  pr«- 

ni4   the  commeni     rent   of  the  term  of  office  for  which  he  applies;   or 

(I)  'Do  applicant  must  show  that  he  has  served  as  division  superin- 
tendent .,|  schools  in  this  State;  provided  that  in  case  the  applicant  is  not 
filling  the  office  of  division  superintendent  at  the  date  of  his  application,  he 
i  i  '    'I,,    ri  quirements  as  laid  down  in  sections  one,  two,  or  three  of  this 

ilation. 

Tin  hoard  may,  in  its  discretion,  waive  that  part  of  the  qualifications  set 
out  in  sub-section  No.  1.  requiring  the  applicants  to  hold,  or  to  have  held,  a 
teacher's  license  equal  to  a  first-grade  certificate,  whenever  the  board  shall 
pinion  that  the  applicant  has  such  training  and  experience  as  would 
entitle  him  to  hold  at  least  a  certificate  of  this  grade.  (State  Board  Regula- 
tion) 

c.  Term  of  office. — The  term  of  office  of  the  said  division  superin- 
tendent shall  be  four  years  from  the  first  day  of  July  following  his  ap- 
pointment. 

The  office  of  anv  division  superintendent  shall  be  deemed  vacant  upon 
the  refusal  of  the  Senate  to  confirm  his  nomination,  his  removal  from  the 
division  for  which  he  was  appointed,  his  engaging  in  any  other  business  or 
employment  during  his  term  of  office  as  such  superintendent,  unless  such 
superintendent  shall  have  been  accepted  under  the  provisions  of  section 
six  hundred  and  four,  his  resignation  or  his  removal  from  office  by  the 
State  Board  of  Education.  Every  division  superintendent,  before  entering 
upon  the  discharge  of  the  duties  of  his  office,  shall  take  and  subscribe  the 
oath  prescribed  for  all  officers  of  the  State,  which  oath  shall  be  made  and 
sub  cribed  before  a  circuit  or  corporation  court  having  jurisdiction  in  his 
division,  or  before  the  judge  or  clerk  thereof  in  vacation.  As  soon  as  the 
oath  shall  have  been  taken,  subscribed  and  certified,  a -minute  of  the  fact 
-hall  he  entered  in  the  records  of  said  court  and  a  certificate  of  the  clerk 
Betting  forth  the  qualification  and  its  record  shall  be  furnished  the  Super- 
intendent of  Public  Instruction  for  record  in  his  office.      (Code,  Sec.  625) 


Virginia  School  Laws  23 


d.     Salary: 

(1)  The  State  Board  of  Education  shall  divide  the  State  into  appro- 
priate school  divisions  in  the  discretion  of  said  board,  comprising  not  less 
than  one  county  or  city  each,  but  no  county  or  city  shall  be  divided  in  the 
formation  of  such  division,  and  shall  appoint  for  each  division  one  divi- 
sion superintendent  of  schools.  The  division  superintendent  shall  receive 
a  minimum  salary  of  sixteen  hundred  dollars  per  year,  provided  he  is  em- 
ployed for  his  full  time  in  a  school  division  with  a  school  population  of 
not  less  than  three  thousand.  In  each  division  with  a  school  population 
of  less  than  three  thousand,  however,  the  minimum  salary  shall  be  one 
thousand  dollars  per  year  or  in  the  discretion  of  the  State  Board  of  Edu- 
cation for  part  time  employment  seven  hundred  and  fifty  dollars.  In  small 
town  or  city  divisions  the  superintendent  may,  by  permission  of  the  State 
Board  of  Education  act  as  school  principal  or  undertake  other  related 
school  work  in  which  case  his  salary  as  superintendent  shall  not  exceed  one- 
half  of  the  established  minimum  of  sixteen  hundred  dollars  per  year.  In 
school  divisions  with  a  school  population  of  over  three  thousand  the  divi- 
sion superintendent  shall  receive  in  addition  to  the  minimum  of  sixteen 
hundred  dollars  ten  dollars  per  hundred  for  each  hundred  of  school  popu- 
lation above  three  thousand,  allowing  in  each  computation  numbers  in  ex- 
cess of  fifty  to  count  as  the  next  higher  even  hundred;  provided,  however, 
in  any  county  or  city  in  which  all  of  the  public  free  schools  are  not  run 
as  long  as  six  months  in  each  year,  the  salary  of  such  division  superin- 
tendent shall  not  be  more  than  twenty  per  centum  greater  than  that  re- 
ceived prior  to  the  passage  of  this  act.  One-half  of  the  salary  thus  de- 
termined shall  be  paid  bv  the  State  Board  of  Education  in  monthly  instal- 
ments out  of  State  funds  on  the  warrants  of  the  State  Board  of  Educa- 
tion drawn  upon  the  Second  Auditor  and  the  other  half  shall  be  paid  by 
the  city  or  town  council  or  county  board  of  supervisors  out  of  the  general 
fund  of  the  city,  town  or  county.  The  local  school  board  may,  out  of  the 
local  school  fund  supplement  the  salary  above  prescribed  and  provide  for 
the  traveling  and  office  expenses  of  the  superintendent,  provided  the  specific 
amounts  and  the  purposes  for  which  such  amounts  are  designated  be  reported 
to  and  approved  by  the  State  Board  of  Education,  provided  that  school 
boards  of  those  divisions  in  which  the  salary  of  the  division  superintendent 
may  be  reduced  by  the  scale  herein  provided,  shall  out  of  the  local  school 
funds  pay  such  supplement  as  is  necessary  to  provide  for  the  year  be- 
ginning July  first,  nineteen  hundred  and  twenty,  a  salary  at  least  equal  to 
the  salary  paid  for  the  year  ending  June  thirtieth,  nineteen  hundred  rvnd 
twenty.  The  State  Board  of  Education  shall,  in  accordance  with  the  provi- 
sions of  this  act,  fix  the  salaries  of  the  division  superintendents  for  the 
year  beginning  July  first,  nineteen  hundred  and  twenty,  and  for  each  year 
thereafter  based  upon  the  school  population  as  shown  in  the  census  of 
nineteen  hundred  and  twenty,  and  in  the  census  of  each  succeeding  five- 
year  period. 

Sections  six  hundred  and  four,  six  hundred  and  five  and  six  hundred 
and  six  of  the  Code  of  Virginia  are  hereby  repealed.     (Acts  1920,  page  494) 

(2)  Salaries  of  division  superintendents  paid  out  of  bulk  of  State 
funds  as  distinguished  from  appropriations. — The  salaries  of  division  super- 
intendents of  schools,  so  far  as  payable  by  the  State,  shall  be  paid  out  of 
the  bulk  of  the  State  school  funds  as  distinguished  from  the  appropriations 
from  the  same  to  the  several  counties.     (Code,  Sec.  627) 

e.     Duties : 

(1)  Clerk  School  Trustee  Electoral  Board. — The  division  superin-. 
tendent  shall  be  clerk,  and  the  board  shall  elect  one  of  its  members  chair- 
man.    (Code,  Sec.  630) 


24  Bulletin  State  Board  of  Education 


(2)  Keep  record  of  Trustee  Electoral  Board. — It  shall  be  the  duty  of 
the  clerk  of  the  board  to  record  all  proceedings  in  a  bound  volume,  which 

■  id  book,  together  with  such  stationery  and  postage  as  may  be  required 
for  correspondence  with  trustees,  shall  be  paid  for  out  of  the  county  school 
id  on  the  warrant  of  the  said  board:  provided,  the  cost  of  the  same  shall 
not  exceed  five  dollars  in  any  one  year.  The  clerk  shall  furnish  the  Super- 
intendent  of  Public  Instruction  with  a  list  of  the  school  trustees  of  each 
district  of  the  county,  their  postoffices  and  date  of  appointment,  and  such 
other  information  as  may  be  called  for.  He  shall  promptly  notify  the 
board  when  unexpected  vacancies  occur,  and  shall  also  notify  the  same 
thirty  days  in  advance  of  the  expiration  of  regular  terms  of  office,  so  that 
the  distrirt  boards  may  be  kept  full  and  no  members  left  to  hold  over 
unnecessarily.  He  shall  promptly  notify  all  trustees  of  their  appoint- 
or, and  also  forward  to  the  same  blank  copies  of  the  official  oath,  to  be 
furnished  by  the  Superintendent  of  Public  Instruction.     (Code,  Sec  634) 

(3)  Ex-officio  president  of  County  School  Board. — The  division  super- 
intendent of  schools  shall  be  ex-officie  president  of  the  county  school  board, 
and  it  shall  be  the  duty  of  the  said  board,  at  its  first  meeting,  and  on  the 
occurrence  of  a  vacancy  afterwards,  to  elect  one  of  its  members  vice-presi- 
dent.    (Code,  Sec.  640)  * 

it)  Prepare  and  forward  State  Superintendent  Annual  Report  of 
County  School  Hoard. — The  board  shall  make  an  annual  report  to  the 
Superintendent  of  Public  Instruction,  through  the  division  superintendent 
of  schools,  on  or  before  the  first  day  of  September  of  each  year,  which 
shall  give  in  detail  its  official  acts  for  the  year  closing  the  thirtieth  day 
of  June  preceding.     (Code,  Sec.  644) 

Amend  census  when  district  boundaries  arc  changed. — Whenever 
the  boundaries  of  any  school  district  or  districts  are  changed,  it  shall 
be  the  duty  of  the  division  superintendent  of  schools  to  cause  a  census  to 
be  taken  by  some  person  selected  by  him  of  the  school  children  of  the  terri- 
tory or  territories  concerned,  which  census  shall  show  which  of  the  children 
on  the  census  books  of  the  preceding  regular  census  of  school  children,  made 
under  the  provisions  of  section  six  hundred  and  fifty-three,  both  white  and 
colored,  have  been  transferred,  naming  the  districts,  respectively,  from 
which  they  come  and  to  which  they  are  transferred,  and  when  said  census 
is  certified  as  required  by  section  six  hundred  and  fifty-three,  it  shall  be 
the  duty  of  the  division  superintendent  to  amend  the  last  census  of  the 
division  in  accordance  with  said  report  and  thereafter  to  apportion  the 
school  funds  amongst  the  school  districts  of  the  division  in  accordance  with 
the  said  amended  census.  The  census  herein  required  shall,  except  as 
herein  provided,  bo  taken  in  accordance  with  the  provisions  of  said  sec- 
tion six  hundred  and  fifty-three,  and  the  cost  thereof  shall  be  borne  by  the 
school  districts  to  which  territory  is  annexed,  in  proportion  to  their  re- 
ctive   increases  of  school  population.      (Code,   Sec.  655) 

(6)      Grant    appeals   from    onion    of  (list rid    boards. — Any  five   inter- 

ds  of  families,  residents  of  the  district,  who  may  feel  themselves 

aggrieved   by   the  action   of  any  district  school   board,  may,   within   thirty 

uch    action,    state    their   complaint   in    writing   to  the   division 

'dent   of  schools,  who,  if  he  cannot  within  ten  days  after  the  re- 

ceipl    of    the    said    complaint    satisfactorily    adjust    the   same,    shall    grant 

••'"    appeal    to    the    school    trustee  electoral  board,  which   shall   meet   in   the 

di  tricl   where  such  complaint  originated,  and  shall  summon  witnesses  and 

decide    finally    all    questions    at    issue.      Any   action    taken   or   had   by   this 

board  shall  lie  recorded  in   its  minutes  and  also  in  the  record  book  of  the 

di  tricl   board  whose  action  is  reviewed.      (Code,  Sec.  666) 


Virginia  School  Laws  25 


(7)  Approve  site,  location,  plans,  and  specifications  of  school  build- 
ings.— No  school  house  shall  be  contracted  for  or  erected  until  the 
site,  location,  plans  and  specifications  therefor  shall  have  been  submitted 
to  and  approved  in  writing  by  the  division  superintendent  of  schools,  whose 
action  in  each  case  shall  be  reported  by  him  to  the  State  Board  of  Educa- 
tion; and  no  public  school  shall  be  allowed  in  any  building  which 
is  not  in  such  condition  and  provided  with  such  conveniences  as  are 
required  by  a  due  regard  to  decency  and  health ;  and  when  a  school  house 
appears  to  the  division  superintendent  of  schools  to  be  unfit  for  occu- 
pancy, it  shall  be  his  duty  to  condemn  the  same  and  immediately  to  give 
notice  thereof  in  writing  to  the  chairman  of  the  district  school  board, 
and  thenceforth  no  public  school  shall  be  held  therein,  nor  shall  any  part 
of  the  State  or  county  fund  be  applied  to  support  any  school  in  such  house 
until  the  division  superintendent  shall  certify,  in  writing,  to  the  district 
school  board  that  he  is  satisfied  with  the  condition  of  such  building  nnd 
with   the   appliances   pertaining   thereto.      (Code,    Sec.    673) 

(8)  Deliver  records  to  successor. — All  school  officers  going  out  of 
office  shall  deliver  to  their  successors  the  records  and  all  official  papers  be- 
longing to  the  office.  In  case  of  the  refusal  or  failure  of  any  officer  to  do 
so,  on  demand  by  his  successor,  he  shall  forfeit  not  less  than  twenty-five 
nor  more  than  one  hundred  dollars  therefor,  and  a  like  penalty  for  each 
month  during  which  he  shall  persist  in  withholding  the  same.  (Code,  Sec. 
685) 

(9)  Approve  teachers'  certificates. — Every  teacher  of  a  public  free 
school  shall  hold  a  certificate  in  full  force,  issued  or  approved  by  the  divi- 
sion superintendent  prior  to  July  first,  nineteen  hundred  and  six,  or  after 
that  date  by  the  State  board  of  examiners  and  inspectors  or  otherwise  as 
the  State  Board  of  Education  may  prescribe,  said  certificate  to  be  approved 

by  the  superintendent  of  schools  for  the  division  within  which  such  teacher 
is  to  be  employed  unless  for  good  cause  shown  such  certificate  be  revoked. 

(Code,  Sec."  688) 

(10)  Report  delinquent  officers. — Should  any  county  treasurer  or 
clerk  of  any  district  school  board  fail  to  produce  and  lay  before  the  county 
board  his  bocks  and  papers  as  required  by  the  preceding  section,  it  shall 
be  the  duty  of  the  clerk  of  the  county  board  to  enter  upon  the  minutes 
of  that  meeting  a  fine  of  twenty-five  dollars  against  every  such  delinquent 

treasurer  or  clerk,  which  amount  shall  be  deducted  from  the  pay  or 
percentage  of  such  officer. 

It  shall  be  the  duty  of  the  division  superintendent,  before  sending  his 
annual  report  to  the  Superintendent  of  Public  Instruction  to  examine  the 
books  and  papers  of  every  such  delinquent  officer,  and  to  make  a  special 
report  thereon  in  connection  with  his  annual  report.  The  county  board 
shall  have  power  to  remit  the  said  fine  only  on  the  presentation  of  good 
and  sufficient  reasons  for  so  doing,  and  the  resolution  remitting  said  fine 
shall  not  be  effective  unless  and  until  the  same  shall  have  been  approved 
by  the  State  Board  of  Education.     (Code,  Sec.  729) 

(11)  See  that  statement  of  annual  settlement  of  county  school  board 
is  published. —  (See  County  School  Board,  Section  i  (7),  page  33).  (Code 
Sec.  750) 

(12)  Nominate  students  to  William  and  Mary  College. — Each  county 
and  city  in  the  State  shall  be  entitled  to  one  pupil,  who  shall  be  nominated 
by   the   division   superintendent  of   schools,   and  if   any   vacancv   occurs   it 

shall  be  filled  from  the  State  at  large  by  the  board  of  visitors,  and  each 
county  and  city  in  the  State  shall  also  be  entitled  to  one  additional  pupil 
for  each  additional  representative  in  the  House  of  Delegates  above  one,  to 


26  Bulletin  State  Board  of  Education 


be  appointed  in  a  similar  manner.     The  said  pupils  so  appointed  shall  be 
exempt  from  tuition  fees,  and  the  charge  for  their  board,  washing,  lights, 
I   fuel   shall  not  exceed  the  sum  of  twelve  dollars  per  month.      (Code, 
Sec.  938) 

(13)  Apportion  funds  to  districts  situated  in  two  counties. —  (See 
County   School   Board,  Section  4,   page  32). 

(14)  File  statement  showing  length  of  term,  etc. — No  State  money 
.-hall  be  paid  for  the  public  free  schools  in  any  county  or  district  until 
evidence  is  filed  with  the  State  Board  of  Education,  signed  by  the  superin- 
tendent of  schools  and  the  clerk  of  the  county  board,  certifying  that  the 
.-chools  of  said  county  or  district  have  been  kept  in  operation  on  an  aver- 
age for  at  least  seven  months,  or  twenty  days  longer  than  the  previous 
year,  or  a  less  period  satisfactory  to  the  State  Board  of  Education,  or  that 
arrangements  have  been  made  which  will  secure  the  keeping  of  them  in 
operation  for  that  length  of  time,  provided,  that  whenever  the  State  and 
local  funds  shall  justify  a  term  of  nine  months  shall  be  maintained,  it 
being  the  purpose  of  this  act  to  establish,  where  conditions  permit,  a  stand- 
ard nine  months'  school  term;  provided,  however,  that  no  county  shall  be 

r.ied  participation  in  State  school  funds  as  provided  by  law  when  said 
county  has  levied  the  maximum  local  school  tax  allowed  by  law.  (Acts 
1920,   page   69,   Amending   Code,   Sec.   669) 

(15)  Number  and  muni-  school  districts. — School  districts  in  each 
county  shall  be  numbered  or  named  by  the  division  superintendent  of 
schools  thereof,  and  the  name  or  number  and  boundaries  thereof  shall 
be  recorded  in  the  office  of  the  clerk  of  the  circuit  court,  and  shall  be  re- 
ported to  the  Superintendent  of  Public  Instruction  and  be  filed  in  his  office. 
(Code,  Sec.  667) 

(16)  Prescribe    regulations    for    teachers'    meetings. —  (See    District 
School   Boards  Section  22,  page  41). 

(17)  Require  statement  of  treasurer  when  that  officer  fails  to  pay 
school  warrants. — It  shall  be  the  duty  of  the  superintendent  of  schools  of 
any  county  or  city  of  this  Commonwealth  whose  treasurer  fails  to  pay, 
upon  presentation,  any  warrant  drawn  on  him  for  school  purposes  to  re- 
quire such  treasurer  to  furnish  to  the  said  superintendent  within  thirty 
days  thereafter  a  statement  under  oath  of  all  moneys  in  his  hands  or  col- 
lected by  him  for  school  purposes,  whether  they  be  State,  county,  city,  or 
district  funds,  and  the  amount  of  each  of  said  funds  he  may  have  dis- 
bursed.    (Code,  Sec.  731) 

(18)  Report  boundaries  of  districts  to  service  corporations,  etc. — It 
shall  in  the  duty  of  the  clerk  of  the  State  Corporation  Commission  to  fur- 
nish to  the  council  of  every  city  and  town  and  to  the  board  of  super- 
visors of  every  county,  and  to  the  treasurer  of  every  county  and  city, 
wherein  any  property  belonging  to  such  corporation  is  situated,  a  certified 
copy  of  the  assessment  made  by  the  State  Corporation  Commission  of  such 
corporation's  property,  which  shall  definitely  show  the  character  of  the 
property,  its  value  and  location  for  the  purpose  of  taxation  in  each  county, 
city,  town  and  school  district,  so  that  county,  city,  town  and  school  district 
levies  maj  be  laid  upon  the  same;  provided,  however,  that  it  shall  be  the 
duty  of  the  division  superintendent  of  schools  in  each  county  in  which  a 
railway  or  canal  is  located  and  operated  to  furnish,  on  or  before  the 
first  day  of  July  in  each  year,  to  such  railway  or  canal  corporations,  the 
boundaries  of  each  school  district  of  said  county  in  which  any  part  of 
such  railway  or  canal  and  its  property  is  situated,  and  a  copy  of  such 
boundaries  to  the  clerk  of  the  State  Corporation  Commission.  (Code  ap- 
pendix,  Sec.  27,  page  28) 


Virginia  School  Laws  27 


(19)  Penalty  for  failure  to  report  boundaries  of  districts. — Wherever 
any  division  superintendent  of  schools  shall  fail  to  furnish  to  such  rail- 
way or  canal  corporation  or  corporations,  and  the  clerk  of  the  State  Cor- 
poration Commission,  the  boundaries  of  each  school  district  of  said  county 
in  which  any  part  of  such  railway  or  canal  and  its  property  is  situated, 
it  shall  be  the  duty  of  the  clerk  of  the  State  Corporation  Commission  to 
notify  the  judge  of  the  circuit  court  of  the  county  wherein  such  superin- 
tendent of  school  resides,  who  shall  instruct  the  grand  jury  at  the  next 
term  of  the  circuit  court  to  ascertain  whether  such  boundaries  have  been 
furnished  as  required  in  this  act,  and  should  said  grand  jury  ascertain 
that  such  boundaries  have  not  been  furnished,  they  shall  find  an  indict- 
ment against  each  such  division  superintendent  of  schools,  who  shall  be 
deemed  guilty  of  a  misdemeanor,  and,  upon  conviction  thereof,  shall  be  fined 
not  less  than  twenty-five  dollars  nor  more  than  one  hundred  dollars  for  each 
school  district  so  omitted      (Code  appendix,   Sec.  27,  page  28) 

(20)  Call  meetings  of  county  school  board. — It  shall  be  the  duty  of 
the  president  to  call  meetings  of  the  board  whenever,  in  his  judgment,  such 
meetings  are  needed,  and  also  when  requested  to  do  so  by  two  chairmen  of 
the  district  boards  of  the  county.     (Code,  Sec.  641) 

(21)  Regulations  State  Board  of  Education: 

a'.  It  shall  be  the  duty  of  each  division  superintendent  to  observe  such 
directions  and  regulations  as  the  Superintendent  of  Public  Instruction  or  the 
State  Board  of  Education  may  from  time  to  time  prescribe;  to  make  special 
reports  to  the  State  Superintendent  whenever  required;  and  on  or  before  the 
first  day  of  September  annually  to  make  to  him  a  report  for  the  year  ending 
the  30th  day  of  June  preceding,  in  such  form  and  containing  all  such  particu- 
lars as  shall  be  prescribed;  and  to  supplement  this  report  by  an  advisory 
report  showing  the  school  conditions  in  his  division,  and  make  such  sugges- 
tions as  the  best  interests  of  the  school  may  dictate.  Until  such  annual  report 
shall  have  been  received  in  the  office  of  the  Superintendent  of  Public  Instruc- 
tion, the  division  superintendent  shall  not  draw  his  August  or  subsequent 
installments  of  pay  from  the  State  treasury.  For  each  day's  delay  in  the 
annual  report  after  September  1st,  the  division  superintendent  shall  be  liable 
to  a  fine  of  not  exceeding  two  dollars,  to  be  deducted  from  his  salary,  and  the 
same  shall  be  imposed  by  the  State  Board  of  Education  after  notice  to  the 
party  concerned. 

b'.  It  shall  be  the  duty  of  the  division  superintendent  to  inspect  the  ac- 
counts of  the  district  clerks  from  time  to  time  during  the  year  and  see  that 
such  accounts  are  neatly  and  correctly  kept  and  see  that  all  school  funds  are 
properly  applied. 

c'.  Superintendents  shall  require  county  treasurers  to  report  to  them  on 
or  before  the  tenth  day  of  December  of  each  year,  and  thereafter  at  intervals 
of  three  months,  until  their  final  settlement  at  the  close  of  the  fiscal  ve^-r,  the 
amount  of  Stat^  school  money  received;  the  number  and  amount  of  warrants 
on  the  State  school  fund  presented  for  payment;  the  number  and  amount  paid 
by  the  treasurer;  the  balance  of  State  funds  on  hand  and  to  what  districts 
due;  the  amount  of  county  school  funds  received  and  apportioned  to  the  dis- 
tricts by  the  superintendent  for  payment;  the  number  and  amount  of  war- 
rants on  the  county  fund  presented  for  payment;  the  number  and  amount 
paid  by  the  treasurer;  the  balance  of  county  funds  on  hand  and  to  what 
districts  due;  the  amount  of  district  taxes  collected  for  the  respective  dis- 
tricts, with  the  number  and  amount  of  the  warrants  on  the  several  districts 
presented  and  paid,  and  the  balance  due  the  districts;  also  the  amount  of 
county  school  tax  collected,  which  has  not  been  apportioned  to  the  several 
districts    by    the    superintendent. 

d'.  The  Secretary  of  the  State  Board  of  Education  shall,  from  time  to 
time  report  to  the  board  the  names  of  all  superintendents  upon  whom  fines 
may  be  imposed  for  failure  to  comply  with  the  reauirements  or  regulations, 
and    shall    promptly    notify    said    superintendents    of    his    action. 

e'.  It  shall  be  the  duty  of  superintendents  to  assist  in  the  organization 
of  boards  of  district  school  trustees  with  the  privilege  of  being  present 
at  all  meetings  of  such  boards  and  of  participating  in  the  discussion  of 
questions   therein,    but    not   of   voting. 


28  Bulletin  State  Board  of  Education 


r      Superintendents  shall  require   Horn  clerks  of  boards  of  district  school 
tru  nnually,    and    oftener    if    necessary    such    detailed    reports    of    the 

touching    the   public   free  schools  of   their  respective   districts   as   the 
til     shall    prescribe. 

In  ai]  not  otherwise  provided  for,  an  appeal  may  within  ninety 

days    be    taken    to    the    division    superintendent    concerning    the    acts    ot    any 
ted    with    the    school   system    or    the    action   of   any   school    board 
within    in  Is,    by    any    teacher    or    school    officer,    or    by    five    or    more 

iMt.  tds    of    families    who    may    feel    themselves    aggrieved,    and    trom 

,(l,  rintendent   of   schools    to    the    Supeprintendent    of    Public    Tn- 

struction     who,   if   he  cannot   satisfactorily  adjust  the  same,   shall,   in   his  dis- 
granl  1    to    the    State    Board    of    Education,    and    that    board 

shall    finally    d<  H    questions    at    issue. 

h'.     The  i lication   for  such  appeal,  and   all   evidence  in  support  of  or   in 

opposition    thereto    shall    be    in    writing;    provided,    that    the    State    Board    of 

Education    may,    in    its   discretion,    after   an    appeal    is   granted    to   such    board, 

r:il    testimony    upon    any    issue    :  ed    by    the    appeal.     But    in    all 

ippeal     to     the    Superintendent    of    Public     Instruction    all     evidence 

mi;  duced  to  writing. 

i\      Every    superintendent    shall    administer    oaths    and    take    testimony    in 

:,11    in  .  lating    to    public    schools,    whenever    required,    in    cases    pending 

,.i  fore  himself  or  before  the  Superintendent  of  Public  Instruction, 

or  the    State    Hoard    of    Education;    and    he    shall    also    administer    the 

office    to    school   trustees    when    called    upon    to    do    so. 

j\      Each    superintendent  shall   prepare   annually,    and    at   such    other    times 

may     be    necessary,     under    directions     from     the    county    school    board,    a 

■     foi    apportioning  the  State  and   county   school  funds  among  the  school 

within    each    county   under    his    supervision;    a   copy   of   which    scheme 

shall    be    furnished    to    the    county    treasurer    and   to    the   clerk    of    each    school 

tnet,     and    also     to     the    editor    of    each    newspaper    published     within    the 

county. 

k'.      In    the    records    required    to    be    kept,    superintendents    shall    enter    in 
lull    ti  of    each     apportionment    of    State    and    county    school    funds 

made  to   the   several  districts  of  their  respective  counties,  showing  the  amount 
said    apportionments. 

1.     Superintendents   shall   report   to  the  Superintendent  of  Public    Instruc- 
tion   the    names    of    convenient    places    in    their    respective    divisions    for    the 
•i     the  ■  lected    by    the    State    Board    of    Education    and    see 

thai    adeauate    supplies   of    the    books    are    brouerhl    within    easy   reach   of    the 
pupils   and   sold   at    the   prices   fixed   by   the   board.     They  shall  promptly   notify 
the   Superintendent    of    Public   Instruction    of   any   departure    from    such    prices 
any    failure    to   furnish    promptly    all    books    necessary    for   the    use   of   the 
hi   their  respective  divisions. 

m'.     Superintendents    shall    distribute    promptly    all    reports,    forms,    laws, 
d    regulations    which    may    be    received    from    the    Superintendent    of    Public 
and    in    acordance    with    his    directions. 

erintendents   shall   explain    the   school   system   and    give    information 

about    it    "ii    all    suitable    occasions,    and    shall    take    care    that    all    school    laws 

and  regulations  are  strictly  enforced  and  that  the  decisions  of  the  Superintend- 

Public     Instruction,    and    ol     the    Slate     Hoard    of    Education,    upon    con- 

ti  cl I    laws    of    the    State,    or    to    the    regulations 

pri  i  by  the  State   Board  of  Education,  are  complied  with,  by  the  persons 

•    erned       h  decisions   are   noi    complied  with,  the  division   super- 

intendent    -hall     inform     the    Superintendent    of     Public     instruction     thereof, 
ite    the   circumstances    connected    therewith. 

sin. old   anv   division   superintendent    of   schools    fail    to   furnish    by   the 

by    the    Department    of    Public    Instruction    such    information 

''•m  time  t..  time  be  called  for  by  said  department,  by  letter,  circular, 

otherwise,   he   shall   be  liable  to  a    fine  of  one  dollar   for  every  dav's  delay. 

■  "in    the   salary   of  such    superintendent:    provided,    the    whole 

amount  fine  shall  noi  exceed  one  month's  salary  of  such  superintendent 

and    thi  ed    by    the   State    Hoard    of    Education    after    notice 

nut-,    concerned. 

It    shall   be  the  duty  of  the  division   superintendent  to  visit  and  inspect 

■I    in   his   division    in   order   thai    he    may    keep  closely   in    touch  with 

the  ich   schools.      He   shall    inquire    into   all    matters   relating    to 

i   of  the  school,  the  course  of  study,  method   of  instruction,   use 

ball  givi    particular  attention  to  the  condition  of  the  school 

•itary   provisions. 


Virginia  School  Laws  29 


q'.  The  division  superintendent  shall  see  to  it  that  teachers  discharge 
faithfully  duties  assigned  to  them,  and  any  neglect  or  violation  on  the  part 
of  teachers  of  any  of  the  laws  or  regulations  shall  be  promptly  reported  to 
the   School    Board   with    recommendations    for   appropriate    action. 

r'.  The  superintendent  shall  have  authority  to  take  lawful  measures  to 
abate  nuisances  or  to  condemn  school  houses  which  are  not  fit  and  sanitary, 
and  which  for  any  reason  are  likely  to  endanger  the  health  of  pupils. 

s'.  It  shall  be  the  duty  of  superintendents  to  promote  the  improvement  and 
efficiency  of  teachers  by  all  suitable  and  proper  methods,  under  directions  from 
the  Superintendent  of  Public  Instruction;  and  to  this  end  they  shall  encourage 
and  assist  in  the  organization  and  management  of  county  institutes,  of  which 
at  least  one  shall  be  held  during  each  school  session,  and  they  shall  labor  in 
every  practicable  way  to  elevate  the  standard  of  teacriirrg  in  the  public  schools 
and  improve  their  condition.  It  shall  be  the  duty  of  the  superintendents 
to  preside  over  these  county  institutes.  They  shall  also  endeavor  by  all 
proper  means  to  promote  an  appreciation  and  desire  for  education  among  the 
people. 

t'.  The  superintendents  shall  require  the  principal  of  each  school  in  his 
division  to  have  a  patrons'  day,  to  be  held  on  the  school  premises  during  the 
school  term.  On  this  day  all  patrons  shall  be  invited  and  suitably  enter- 
tained by  school  exercises.  Advantage  shall  be  taken  of  this  day  to  give  the 
patrons    full    information    of    the    conditions    and    needs    of    the    schools. 

u'.  Every  superintendent  shall  keep  a  record  of  his  own  official  acts,  and 
shall   file   methodically    all    official    papers. 

v.  In  case  of  a  vacancy  in  the  office  of  a  division  superintendent  occurring 
when  the  State  Board  of  Education  is  not  in  session  the  Superintendent  of 
Public  Instruction  is  authorized  to  designate  an  acting  superintendent  until 
a   regular   appointment  is   made   by  the   State   Board. 

w'.  The  division  superintendent  in  cities  shall  have  exclusive  authority 
to  assign  to  their  respective  positions  all  teachers  and  principals  employed  by 
the  school"  hoard,  and  to  reassign  them  at  his  discretion:  provided,  that  no 
change  or  reassignment  shall  affect  the  salary  of  any  teacher. 

6.     School  Trustee  Electoral  Board. 

a.  Of  whom  composed;  and  compensation. — In  each  county  there 
shall  be  a  board,  to  be  known  as  the  school  trustee  electoral  board,  which 
shall  be  composed  of  the  attorney  for  the  Commonwealth,  the  division 
superintendent  of  schools,  and  a  resident  qualified  voter,  who  is  not  a 
county  or  State  officer,  to  be  appointed  by  the  judge  of  the  circuit  court 
on  or  within  thirty  days  after  the  first  day  of  February,  nineteen  hundred 
and  twenty,  and  every  four  years  thereafter.  This  resident  qualified 
voter  shall  receive  a  per  diem  of  two  dollars  for  each  day  actually  em- 
ployed, to  be  paid  out  of  the  county  school  fund;  but  when  acting  as  a 
member  of  the  board  of  appeal  according  to  the  provisions  of  section  six 
hundred  and  sixty-six,  he  shall  receive  two  dollars  per  day,  to  be  paid 
out  of  the  district  fund  of  the  district  in  which  the  service  is  rendered. 
The  said  appointee  shall  qualify  before  the  clerk  of  the  said  circuit  court, 
and  shall  serve  for  a  term  of  four  years  from  the  first  day  of  March,  nine- 
teen hundred  and  twenty  Any  vacancy  occurring  within  the  term  of  the 
said  appointee  shall  be  filled  by  the  said  circuit  judge  within  thirty  days 
thereafter.      (Code,  Sec.  629) 

b.  Meetings. — Any  member  may  call  a  meeting  by  giving  due  notice 
to  the  other  two  members.  Any  two  members  shall  constitute  a  quorum; 
a  concurrence  of  a  majority  of  the  board  in  a  duly  assembled  meeting  shall 
be  required  to  constitute  a  valid  act.     (Code,  Sec.  633) 

c.  Duties 

(1)  Appoint  school  trustees. — The  school  trustees  in  office  when  this 
Code  takes  effect  shall  continue  in  office  until  their  respective  terms  ex- 
pire, and  thirty  days  before  the  first  day  of  September  of  each  year,  the 


30  Bulletin  State  Board  of  Education 


school  trustee  electoral  board  shall  appoint  one  trustee  for  each  school  dis- 
trict to  fill  the  vacancy  then  occurring.  The  term  of  office  of  such  trustee 
so  appointed  shall  be  three  years  from  September  first  following  his  ap- 
pointment. 

No  person  who  is  unable  to  read  and  write  shall  be  appointed  a  trustee. 
(Code,  Sec.  631) 

i  2  >  Fill  vacancies;  determine  appeals. — The  school  trustee  electoral 
board  shall  fill  vacancies  occurring  within  a  regular  term  for  the  unexpired 
part  thereof  and  shall  have  power,  and  it  shall  be  its  duty,  to  declare  va- 
cant and  proceed  to  fill  the  office  of  any  trustee  who  fails  to  qualify  and 
to  deliver  to  the  clerk  of  his  board  his  official  oath  in  the  usual  form  within 
thirty  days  after  he  has  been  notified  by  said  clerk  of  his  appointment.  The 
board  shall  also  vacate  the  office  of  any  and  every  trustee  who  fails  to  dis- 
charge the  duties  of  his  office  according  to  law.  In  the  investigation  of  any 
such  alleged  failure,  or  in  hearing  any  case  of  appeal  referred  to  it  under 
this  chapter,  the  electoral  board  shall  have  power  to  issue  summonses  and 
rules  to  witnesses  to  appear  before  it,  and  to  require  to  be  produced  before 
it  any  official  records,  papers,  or  books  pertaining  to  the  case,  and  for 
failure  to  obey  such  summons  or  order  the  board  may  impose  a  fine  not 
reeding  ten  dollars  for  each  offense.  The  chairman  of  the  board  shall 
have  power  to  administer  an  oath  to  any  witness  appearing  before  it.  The 
said  board  is  hereby  constituted  a  permanent  board  of  appeal  to  hear  and 
determine  all  complaints  that  may  be  referred  to  it  under  the  provisions 
of  section  six  hundred  and  sixty-six.     (Code,  Sec.  632) 

(3)  Hear  appeals  when  presented. by  Division  Superintendent. —  (See 
Division  Superintendents,  Sec.  e  (6),  page  24). 

(4)  Officers. —  (See  Division  Superintendents,  Sec.  e  (1),  page  23). 

(5)  Duties  of  Clerk. —  (See  Division  Superintendents,  Sec.  e  (2), 
page  24). 

"i .     County  School  Board. 

a.  Composition. — The  division  superintendent  of  schools,  together  with 
the  district  school  trustees  in  each  county,  including  those  in  towns  con- 
stituting separate  school  districts.,  for  certain  purposes  hereinafter  speci- 
fied,    shall    constitute    a   body    corporate,    under   the    style    of   "the    County 

School   Board  of County."  and   may,   in   its*  corporate  capacity, 

sue  and  he  sued,  contract  and  be  contracted  with,  and  purchase,  lease,  take, 
hold,  and  convey  property.     This  board  shall  be  subject  to  the  higher  au- 

rities  in  like  manner  as  the  district  braids.      (Code,  Sec.   639) 

b.  Officers— (See  Division  Superintendents    Sec.  e   (3),  page  24). 

c.  M<<  tin 

il)      Called  by  President— (See  Division   Superintendents,  section  20 
page  27). 

.1  „„„„/_ The  board  shall  hold  a  regular  annual  meeting  in  the 
month  of  -July,  the  exact  date  to  be  fixed  by  the  board  itself,  or  in  de- 
fault thereof,  by  the  president.     (Code,  Sec.  643) 

d.  Annual     Report.— (See    Division    Superintendents,    Section    e     (4) 
page  _'l ).  v   ;' 

e.  Authorize    expense    allowance    to    Trustees.-(See    District    School 
rd,  Section  i   (6),  page  33).     (Code,  Sec.  645) 

f.  Bj  laws;   record;   <  lerk.-The  county  school  board  shall  make  and 
ord,    m    a   hound    volume,   by-laws   and   regulations  for   its   own   govern- 


Virginia  School  Laws  31 


ment  and  for  carrying  out  all  duties  imposed  upon  it  by  law;  and  shall 
keep,  in  said  volume,  a  record  of  the  proceedings  of  each  meeting.  It 
may  appoint  a  clerk,  at  discretion,  who  shall  receive  as  compensation  three 
dollars  per  day  for  each  day  the  board  is  in  session,  not  exceeding  ten  dol- 
lars per  annum,  which  compensation,  together  with  necessary  expenses 
and  contingent  expenses  attending  the  transaction  of  business  by  the 
board,  may  be  paid  out  of  any  funds  under  the  control  of  the  board. 
(Code,  Sec.  642) 

g.     Authorized    to    lend    money    to    district    boards.     (See    Section    e. 
page  64). 

h.     Encourage    teachers'    meetings. — (See    district    boards    section    22. 
page  41). 

i.     Duties: 

(1)  Make  estimate  of  expenses. — It  shall  be  the  duty  of  the  county 
school  board  of  each  county,  on  or  before  the  first  day  of  April  of  each 
year  to  prepare  and  file  with  the  division  superintendent  of  schools  an 
estimate  of  the  amount  of  money  which  will  be  needed  during  the  next 
scholastic  year  for  the  support  of  the  public  free  school  system  of  the 
county,  and  at  the  same  time,  after  carefully  revising  the  estimates  of  the 
district  boards  of  trustees  submitted  to  the  county  board  in  accordance 
with  the  provisions  of  section  six  hundred  and  sixty-one,  to  prepare  and 
file  with  said  superintendent  separate  estimates  of  the  necessary  expenses 
of  the  public  free  schools  in  each  school  district  of  the  county  for  the  next 
scholastic  year,  which  estimates  shall  be  submitted  by  him  to  the  board  of 
supervisors  at  a  regular  meeting.     (Code,  Sec.  646) 

(2)  Apportion  county  school  funds. — The  county  school  fund  shall  be 
apportioned  by  the  county  school  board  among  the  several  districts  of  the 
county  according  to  its  judgment,  having  due  regard  to  maintaining,  as  far 
as  practicable,  a  uniform  term  throughout  all  of  the  districts;  provided, 
that  such  primary  and  grammar  schools  as  may  be  established  in  any 
school  year  shall  be  maintained  at  least  four  months  of  that  school  year 
before  any  part  of  the  fund  assessed  and  collected  may  be  devoted  to  the 
establishment   of   schools   of  a   higher  grade.      (Code,   Sec.   647) 

(3)  Manage  certain,  property  vested  in  said  board. — All  money,  bonds 
stocks,  debts,  funds,  effects,  and  other  property,  real  or  personal,  held  by 
individuals   by   virtue    of  their  office   of   school   commissioner   or   overseers 
of  the   poor   of   any    of   the    counties    of   this    Commonwealth,    except    the 
county  of  Loudoun,  under  any  act  heretofore  passed  by  the  General  As- 
sembly of  Virginia,  acquired  by  or  derived  from  the  sale  of  glebe  lands, 
or  from  any  other  source  formerly  belonging  to  any  of  the  said  counties, 
and   applicable   to   school   purposes;   also   such   real   or   personal   estate   in 
any  of  the  said  counties  as  belonged  to  the  former  board  of  the  literary 
fund,  together  with  any  other  funds  or  property  which  had  in  any  manner 
been  set  apart  for  school  purposes,  but  which  has  been  practically  aban- 
doned  or    is  without  trustees;    and   any  funds    or    property   that  may   be 
hereafter   set   apart   solely  for  county   school  purposes,   and   all   donations, 
by    will,    deed,    or    other    conveyances,    heretofore    or    hereafter    made    for 
county    or   district    school    purposes,    the    lot   and    school    building    and    all 
the  real  and  personal  property  acquired  for  the  use  of  a  county  or  district 
high  school,  or  for  the  maintenance  thereof,  shall  be  vested   in  the  said 
county  or   district   school   board  of  the   said   counties   respectively,   unless 
inconsistent  with  the  grant  or  devise,  upon  such  terms  and  conditions  for 
the   security   of  the   same   as   the   circuit   court  of  said   county  shall   pre- 
scribe. 


32  Bulletin  State  Board  of  Education 


The  said  board  or  boards  shall  when  not  inconsistent  with  the  terms 
of  the  grant  or  devise  invest  and  manage  the  same,  and  apply  the  profits 
thereof  for  the  purpose  of  education  in  the  same  manner  and  under  the 
same  restrictions  as  the  general  school  fund  of  the  State  is  applied  under 
tli,  ial  school  law  of  the  State,  except  that  the  said  boards  are  author- 

ized to  apply  such  portions  of  the  profits  of  the  funds  as  in  their  judgment 
may  be   necessary   to  the  erection  of  school  houses  in  their  said  counties, 
tively,  or  to  the  purchase  of  school  apparatus  for  the  use  of  schools. 
But  if  such  fund  does  not  exceed  in  amount  the  sum  of  two  thousand  dol- 
lar.-,  the   said   board   or  boards  may,  if  in  their  judgment  expedient,  use 
such  fund  in  whole  or  in  part  in  the  erection  of  school  houses  in  their  said 
counties  or  districts  or  in  paying  any  debt  which  may  have  been  incurred 
by  said  county  or  district  hoards  in  the  erection  of  school  houses;  provided. 
that  such  disposition  is  not  in  conflict  with  the  will  of  the  grantor  or  tes- 
tator.    In   ca.-es   where   funds   or  other  property  are  held  by  trustees  for 
purposes   of  common  school  education,  the  county  school  board  shall  have 
power,  and  it  shall  be  its  duty  to  examine  into  the  manner  in  which  such 
trusts    are    administered;    and    all    such    trustees    are    hereby    required    to 
render  reports  to  the  county  board  whenever  called  on,  and  to  afford  every 
facility  wanted  by  said  board  in  order  to  obtain  a  full  understanding  of  all 
the  points  connected  with  such  administration;   and  should  such  examina- 
tion  reveal  any  defect  or  irregularity  in  the  administration  of  such  trust 
funds  or  other  property,  it  shall  be  the  duty  of  the  county  school  board  to 
institute    prompt    proceedings    for    carrying    the    matter    before    the    civil 
courts.     In  cases  where  donations  or  other  funds  have  been  set  .apart  for 
the   education   of  the   poor,  the   county   school   board   is   authorized   to   re- 
ceive  and   apply   the   same    in   connection   with   the   public   free   schools,   in 
obedience  to  the  will  of  the  donor.     The  county  school  board  of  any  county 
may  employ  counsel,  and  provide  for  and  direct  the  payment  of  reasonable 
attorney's  fee  whenever  such  action  may  be  necessary  for  effectuating  the 
pu.  and  objects   of  this   section,  or  for  the   protection   of  the   public 

schools  of  the  county,  or  of  any  school  district  thereof,  from  loss  or 
detriment  from  any  cause;  but  no  such  fee  shall  be  paid  or  allowed  by 
such  hoard  unless  or  until  the  same  shall  have  been  approved  by  the  court 
in  which  such  litigation  was  had;  provided  further,  that  nothing  in  this 
law  contained  shall  be  construed  to  apply  to  the  twenty-fifth  clause  of 
the  will  of  Samuel  Miller,  deceased,  or  in  any  wise  to  affect  or  impair  any 
rights  or  interests  whatsoever,  either  public  or  private,  arising  under  said 
clause,  or  to  any  fund  now  held  by  the  Charlottesville  district  school 
board  of  Albemarle  county,  known  as  district  number  five.  (Code,  Sec 
648) 

i  1)      Apportion  funds  in  district  lying  in  two  counties,  etc. — Whenever 

chool    district    is   situated    in   more  than  one  county   of  this   State,   and 

counties   in   which   such   school   district  is   located   collect   cr   apportion 

county  or  State  school  taxes,  or  both,  therein,  then  the  division  superin- 

or    county    school    board    of    each    of    said    counties,    shall    make 

uch    pro    rata    apportionment   of   county   and    State   school    funds    in   that 

portion   ol    said   school   district   located   in   such  county  as  is  made  to  the 

othj  districts  of  such  county;  and,  in  taking  "the  school  census  of 

men  district,  the  clerk,  or  other  person  taking  the  census,  shall  show  in 

which  county  each  child   enumerated   resides.      (Code,   Sec.  656) 

■     Proceed  agoAnsi  officers  to  compel  settlements  of  accounts.— The 

mty  school  board  shall  have  power,  and  it  shall  be  its  duty,  in  the  event 

of  any   delinquency  or   irregularity   in   the   acts   of  any  treasurer    district 

--;;<;- tee     or  of  any  officer  or  member  thereof"  to  tSke  sue  f  steps 

and    mstitute  such  legal   proceedings  as  may  be  necessary  and   proper  in 


Virginia  School  Laws  33 


order  to  secure  a  complete  settlement  of  the  accounts  of  such  treasurer, 
board  of  trustees,  or  officer  or  member  thereof,  and  a  full  and  clear  ex- 
hibit of  the  transactions  of  said  officer  or  board  in  connection  with  the 
receipts  and  disbursements  of  any  funds  for  public  school  purposes,  and  to 
compel  the  payment  of  any  balance  that  may  be  in  the  hands  of  such 
treasurer,  board  of  trustees,  officer,  or  member  thereof.  The  county 
school  board  shall  have  power,  and  it  shall  be  its  duty,  to  take  such  steps 
and  institute  such  legal  proceedings  as  may  be  necessary  and  proper  to 
secure  a  complete  settlement  of  the  accounts  of  any  trustees  to  whom  any 
funds  or  other  property  for  the  purposes  of  common  school  education 
shall  have  been  entrusted,  and  to  secure  a  full  and  proper  administration  of 
the  said  trusts;  and  to  this  end  it  may  apply  to  the  courts  for  the  removal, 
for  good  cause  shown,  of  the  old  trustees,  and  for  the  appointment  of 
new  trustees,  either  in  place  of  those  so  removed  or  to  fill  vacancies,  and 
to  institute  such  suits  or  actions  as  may  be  necessary  to  compel  the  pay- 
ment of  any  balances  in  the  hands  of  the  old  trustees  so  removed,  or  to 
correct  any  defect  or  irregularity  whatever  in  the  administration  of  such 
trust  fund  or  other  property.  It  shall  be  the  duty  of  the  attorney  for 
the  Commonwealth  to  act  as  attorney  for  the  said  county  school  board, 
and  to  institute  such  legal  proceedings  as  the  said  board  may  think 
proper  and  necessary.     (Code,  Sec.  650) 

(6)  Order  payment  of  trustees'  expenses;  provide  for  pay  of  clerks. — 
The  county  school  board  may  order  any  district  school  board  of  the 
county  to  pay  to  each  school  trustee,  except  the  clerk  of  the  board,  a 
sum  not  to  exceed  ten  dollars  in  any  one  year  to  cover  the  expenses  of 
said  trustee  for  attendance  upon  the  meetings  of  the  county  and  the 
district  school  boards  within  their  respective  counties;  provided  that 
in  the  county  of  Henry,  each  school  trustee  may  be  allowed  a  sum  not  to  ex- 
ceed fifteen  dollars  in  any  one  year  to  cover  the  expenses  as  aforesaid. 
(Acts  1920,  page  560) 

(7)  Publish  Annual  Statement. — The  several  county  school  boards  in 
Virginia  are  required  to  cause  to  be  made  out  immediately  after  the  annual 
settlement  with  the  county  treasurer  a  statement  showing  the  receipts  and 
disbursements  of  the  school  funds  in  each  district  for  the  year  then  ending, 
which  said  statement  shall  be  published  in  some  newspaper,  if  one  is  pub- 
lished in  the  county,  and  shall  also  be  printed  as  a  hand-bill  and  posted  at 
the  front  door  of  the  county  courthouse,  and  at  the  voting  place  of  the 
clerk  of  each  school  district.  Said  statement  shall  be  made  out  in  the  fol- 
lowing form  for  each  district: 

i 
Name  of  district    

Receipts. 

Total  balances  on  hand  from  preceding  year $ 

Amount  received  from  State  school  funds $ 

Amount  received  from  the  county  school  levy ....  $ 
Amount  received  from  the  district  school  levy.  .  .  .$ 
Amount  received   from   all  other   sources,   stating 
sources . .  $ 


Total  receipts  and  balances  $ 

Disbursements. 

Amount  paid  school  trustees   $ 

Amount  paid  county  treasurer   $ 

Amount  paid  teachers  (number  of  teachers) $ 


;;i  Bulletin  State  Board  of  Education 


Mso  a  statement  of  any  other  expenditures  not  covered  in  either  of  the 
above  items,  which  said  statement  shall  be  itemized  in  the  following  form: 
.id.d    that  the  amount  expended  for  other  incidental  expenses  shall  be 
further  itemized  as  each  of  said  boards  may  deem  necessary  or  desirable). 

Amount  spent  for  school  houses $ 

Amount  spent  for  furniture  for  school  houses.  ..  .$ 
Amount  spent  for  other  incidental  expenses $ 

Total   balances  on  hand    | 

Total  disbursements  and  balances    $ 

It    shall  be  the  duty  of  the  division  superintendent  of  schools  to  see 
that  the  said  statement  is  published  and  posted  at  the  court  house  as  afore- 
said.    It  shall  be  the  duty  of  the  clerk  of  each  district  board  to  post  said 
at  his  voting-  precinct.     (Code,  Sec.  750) 

(8)  Sell  or  exchange  school  property. — Any  county,  district  or  city 
Bchool  board  may  file  its  petition  in  the  circuit  court  of  its  city  or  county 
or  the  corporation  court  of  its  city,  or  before  the  judge  thereof  in  vacation, 
asking  leave  to  sell  or  exchange  any  public  school  property  which  in  its 
judgment  it  is  desirable  to  sell  or  exchange,  and  upon  evidence  being  pro- 
duced befor<  the  court,  or  judge  thereof  in  vacation,  that  such  sale  or  ex- 
change is  proper  to  be  made,  the  said  court,  or  judge  thereof  in  vacation, 

•  .-hall  make  such  order  as  may  be  proper,  providing  for  the  sale  of  said  prop- 
erty, or  that  the  same  may  be  exchanged;  but  if  the  said  school  property  is 
sold  it  shall  be  sold  to  the  highest  bidder  at  public  auction  after  due  public 
notice  of  time  and  place  of  sale  be  made  known  by  posting  notices  in  the 
10I  district,  or  city  in  which  said  school  property  is  located,  and  in  case 
of  sale  of  said  property  the  court  or  judge  shall  make  an  order  for  the 
use  or  investment  of  the  proceeds  of  the  same;  the  court  may  make 
such  01  d(  r  as  to  the  cost  as  to  it  may  seem  proper.     In  case  of  sale  or  ex- 
change of  district  school  property  the  deed  for  the  same  shall  be  made  by 
the    school    trustees   of  the   distinct  or   districts   in   which   the    property   is 
d.      ((ode,  Sec.  649) 

(9)  Compare    warrants   of  district    hoards. — At  the   annual   meeting 
'  uly.  in  each  year,  the  countv  school  boards  shall  compare  the  warrants 

d  by  each  district  beard  with  those  paid  by  the  treasurer,  and,  through 
the   divi  pei  intendent   of   schools,  report   the  result   to  the   Superin- 

tendent  of   Public   Instruction.      (Code,    Sec.    748) 

(10)  Guard  against  teachers  violating  contracts: 

'•    ;    rmal    letter  or  written  agreement  to  teach    for 

",:"    d,v»si £    the   State,    and    without    securing  release 

c«    in    another    division,    thus    violating   the   con- 

'■    ■ i      h    il    not    be    validated    by   any    superin- 

iltheond«vi81on     wherein     her    original    contract     was    'mad". 

(Hi     Fix  holidays: 

V    ",",,'","",' '    ""•'""-    "f    the    county    school    board    in    August     district 

!'"   ■'■■•>-    shall   be  designated   as   holidays  for  the  next 

hall    be    approved    by    the    countv    school   board   and 

oul    the  county.      The   division    superintendent     unon 

»oo,s,  shall   notify  teachers  of  the  dav^^fl^d^Tte 

(12)      Make  detailed  report  at  August   meeting: 

"     ""■    -1 '    >'■•"■    -' -    the    .'nrtu,;,\:,)m;;n:\^edfnPr!neSuch 


Virginia  School  Laivs  35 


form  as  may  be  prescribed  by  the  Superintendent  of  Public  Instruction.  This 
report  shall  be  delivered  to  the  division  superintendent  on  or  before  the 
date  fixed  for  the  annual  meeting-  of  the  county  school  board.  (State  Board 
Regulation) 

(13)  Subject  to  fine  for  failure  to  make  Annual  Report.— The  judge 
of  the  circuit  court,  at  the  session  of  his  court  next  succeeding  the  annual 
settlement  of  the  county  and  district  school  boards  with  the  county  treas- 
urer, shall  instruct  the  grand  jury  to  ascertain  whether  or  not  the  county 
school  board  and  the  division  superintendent  and  district  clerks  have  pub- 
lished and  posted  the  statements  required  in  the  preceding  section,  and 
if  the  grand  jury  shall  discover  that  said  statements  have  not  been  made 
or  have  not  been  published  and  posted  as  required  by  law,  then  indictments 
shall  be  found  against  each  of  the  officers  or  trustees  who  have  been  delin- 
quent in  the  performance  of  their  duties  as  aforesaid,  who  shall  be  deemed 
guilty  of  a  misdemeanor,  and,  upon  conviction,  shall  be  fined  not  less  than 
one  dollar  nor  more  than  cne  hundred  dollars.     (Code,  Sec.  751) 

8.     District  School  Board. 

a.  Manner    of   election. —  (See    Trustee    Electoral    Board,    Sec.    c    (1) 
page  29). 

b.  Trustees  for  cities  elected  by  Councils. — Nothing  in  this  chapter 
shall  be  construed  as  giving  authority  to  said  board  to  interfere  in  any 
way  with  the  appointment  of  school  trustees  by  municipal  councils  or  to 
disturb  in  any  way  the  law  bearing  on  the  action  of  said  municipal 
councils  in  the  premises.      (Code,  Sec.  635) 

c.  Number  and  term. — There  shall  be  three  school  trustees  for  each 
school  district,  whose  term  of  office  shall  be  three  years,  respectively. 
(Code,  Sec.  636) 

d.  Eligibility: 

(1)  No  federal,  State  or  county  officer,  or  any  deputy  of  such- 
officer,  and  no  supervisor  shall  be  chosen  or  allowed  to  act  as  district 
school  trustee;  provided,  that  the  provisions  herein  contained  shall 
not  apply  to  fourth-class  postmasters,  county  superintendents  of  the  poor, 
commissioners  in  chancery,  commissioners  of  accounts,  and  notaries  public. 
(Code,  Sec.  637) 

(2)  Every  school  trustee  shall,  at  the  time  of  his  appointment,  be  a 
resident  of  the  school  district  for  which  he  is  appointed,  and  if  he  shall 
cease  to  be  resident  thereof  his  office  shall  be  deemed  vacant.  Before 
entering  upon  the  discharge  of  the  duties  of  his  office  he  shall  take  and 
subscribe  the  oath  prescribed  for  officers  of  the  State  before  the  division 
superintendent  of  schools  or  any  other  officer  authorized  to  administer  an 
oath.  The  officer  administering  the  said  oath  shall  certify  the  same  to 
the  clerk  of  the  circuit  court,  and  the  said  clerk  shall  make  in  his  record 
book  a  minute  of  the  qualification  of  said  trustee.  And  no  fee  shall  be 
charged  for  either  service.      (Code,  Sec.  638) 

e.  Expenses. — The  county  school  board  may  order  any  district  school 
board  of  the  county  to  pay  to  each  school  trustee,  except  the  clerk  of  the 
board,  a  sum  not  to  exceed  ten  dollars  in  any  one  year  to  cover  the  ex- 
penses of  said  trustee  for  attendance  upon  the  meetings  of  the  county  and 
the  district  school  boards  within  their  respective  counties;  provided  that  in 
the  county  of  Henry,  each  school  trustee  may  be  allowed  a  sum  not  to 
exceed  fifteen  dollars  in  any  one  year  to  cover  the  expenses  as  aforesaid. 
(Acts  1920,  p.  560  amending  Code,  Sec.  645.) 


36  Bulletin  State  Board  of  Education 


f      Officers  Quorum.— In  each  school   district  there  shall  he  a  district 

rd,   consisting   of  three   trustees,  who  shall  be  appointed  as   prescribed 

by    section    six    hundred    and    thirty-one.     In    case    the    State    Board    of 

Education,   in   ^districting  any  county,  shall   reduce  the  number  of  school 

tricts    it  shall   provide  for  vacating  the  offices  of  such  trustees  as  may 

i      ary    to   conform   to   the   provisions   of   this   section.     Each   board 

,  any  two  of  whom  shall  constitute  a  quorum,  shall  ap- 

i    one  "t"  their  number  chairman  and  another  clerk.      (Code,  bee.  o51.) 

g      Trusters  of  School  Property.— The  school  trustees  of  each  district 

shall   constitute   the  district  school  board,  and   shall  be   a  body  corporate 

under  the  name  and  style  of  the  "school  board  of   district,  number 

r  the  county  of ,"  by  which  name  it  may  sue  and  be  sued, 

contract  and  be  contracted  with,  and  purchase,  take,  hold,  lease,  and  con- 
vey school  property,  both  real  and  personal.  The  title  to  all  school  prop- 
erty,  both  real  and  personal,  belonging  to  the  district,  shall  vest  in  the  said 
board;     (Code,  Sec.  652) 

h.     Duties: 

Mi  Approve  agents  to  take  school  census. —  (See  Census,  Section  13, 
pag<    59). 

(2)  1' rori, I,  consolidation  and  transportation. — The  number  of  schools 
in  the  State  shall  be  according  to  the  funds  available,  and  for  this  purpose 
the  district  school  boards  are  authorized  to  provide  for  the  consolidation  of 
schools  and  the  transportation  of  pupils.      (Code,  Sec.  700) 

(3)  Provide  for  use  of  school  house  out  of  school  hours. — When  a  re- 
sponsible resident  citizen  of  any  school  district  may  apply  to  any  school 
trustees  of  said  district  for  the  use  of  a  school  house,  to  be  used  when  the 
school  is  not  in  session  during  the  school  term  or  in  vacation,  by  any  law- 
ful assembly  of  educational,  agricultural,  civic  or  social  bodies,  organiza- 
tions or  gatherings,  the  said  trustee  may  grant  the  use  of  said  building; 
and  if  said  trustee  refuse  the  use  of  the  same,  he  shall  state  his  decision 
in  writing,  and  if  a  demand,  signed  by  five  freeholders  of  said  district  be 
then  presented  to  the  chairman  of  said  district  school  board,  the  chair- 
man shall  promptly  call  a  meeting  of  the  district  school  board  to  consider 
the  request  for  the  use  of  said  building  and  whether  the  use  thereof  shall 
be  granted  to  said  freeholders,  who  shall  be  responsible  for  the  use  and 
care  of  said  school  property  and  of  avoidable  damages  and  the  return  of 
the  key  to  the  teacher  of  said  district,  if  school  be  in  term,  or  to  the  trustee 
of  said  district  in  vacation  An  appeal  of  right  shall  also  lie  from  the  de- 
cision of  the  district  school  board  to  the  school  trustee  electoral  board  of  the 
county  in  which  said  school  house  is  located,  the  decision  of  said  last  named 
board  to  be  final.      (Code,  Sec.  677) 

i  I)      Provide  flags  for  school  liaises. — Upon  a  peptition  of  a  majority 
of  the   patrons  of  any  school  in  this  State,  the  school  authorities  of  each 
city  and  of  each  school  district  in  the  State  shall  provide  for  such  public 
n  buildings  already  erected,  flags  of  the  United  States  of  America 
and  of  the  (  mnmonwealth  of  Virginia  commensurate  with  the  size  of  the 
building,  but  each  flag  of  a  size  not  less  than  four  by  six  feet,  together  with 
a  flag  stall'  or  pole  for  each  of  said  flags,  and  the  ropes,  pulleys  and  other 
paraphernalia  needed  for  flying  said  flags.    Said  district  school  board  shall, 
on  all  school  buildings  hereafter  erected,  provide  flag,  poles,  flags,  parapher- 
nalia, etc.,  as  hereinbefore  mentioned.     Said  flag  poles  on  buildings  hereafter 
I   shall   be  attached  to  the  building,  but  on  buildings  already 
ected,  flag  poles  may  be  either  attached  to  the  building  or  the  flags  may 
be  flown  from  pole,  located  net  more  than  fifty  feet  from  said  school  build- 


Virginia  School  Laws  37 


ings  and  within  the  school  grounds,  and  the  same  shall  be  paid  for,  main- 
tained and  replaced  when  the  requirements  of  this  section  have  been  com- 
plied with,  out  of  the  district  school  funds.      (Code,  Sec.  678) 

(5)  Institute  condemnation  proceedings  for  building  sites  where  neces- 
sary.— If,  in  the  judgment  of  the  district  school  board,  the  public  interests 
demand  that  a  school  house  be  located  on  a  particular  spot  and  no  equitable 
arrangements  for  its  purchase  prove  to  be  practicable,  the  board  of  trustees 
shall  be  authorized,  and  it  shall  be  its  duty,  to  cause  the  desired  parcel  of 
land  to  be  surveyed  by  the  county  or  other  competent  surveyor,  and  a  plat 
of  the  same  to  be  filed,  together  with  a  general  statement  of  the  case,  with 
the  clerk  of  the  circuit  court;  and  thereupon,  on  application  of  the  district 
school  board,  the  same  proceedings  shall  be  had  as  are  prescribed  by  the 
laws  relating  to  the  exercise  of  the  right  of  eminent  domain ;  but  no  parcel 
of  land  thus  condemned  shall  exceed  one  acre  in  a  town  or  five  acres  in  the 
country.  No  dwelling,  yard,  garden,  or  orchard  shall  be  invaded,  nor  in 
an  unincorporated  town  any  space  within  one  hundred  feet  of  a  dwelling, 
nor  in  the  country,  any  space  within  two  hundred  yards  of  a  mansion  house, 
without  the  consent  of  the  owner.      (Code,  Sec.  672) 

(6)  Visit  schools;  provide  pay  for  teachers;  text  books  for  indigent 
children,  etc.;  examine  all  claims  against  school  district  and  issue 
warrants  therefor. —  (a')  It  shall  be  the  duty  of  the  district  school  board  to 
visit  the  public  free  schools  in  the  district  from  time  to  time,  and  to  take 
care  that  they  are  conducted  according  to  law,  and  with  the  utmost 
efficiency;  (b')  to  provide  for  the  pay  of  the  teachers  and  of  the  cleik  of 
the  board,  the  cost  of  providing  school  houses  and  the  appurtenances 
thereto  and  the  repairs  thereof,  school  furniture  and  appliances  as  provided 
for  in  section  six  hundred  and  eleven,  necessary  text-books  for  indigent 
children  attending  the  public  free  schools,  and  any  other  expense  attend- 
ing the  administration  of  the  public  free  school  system,  so  far  as  the  same 
is  under  the  control  or  at  the  charge  of  the  school  district  or  its  officers; 
(c')  to  examine  all  claims  against  the  school  district,  and  when  approved, 
to  pay  the  same;  (d')  but  a  record  of  such  approval  shall  be  made  in  the 
proceedings  of  the  board;  and  a  warrant  on  the  county  treasurer  shall  be 
drawn,  signed  by  the  chairman  of  the  board  and  countersigned  by  the 
clerk  thereof,  payable  to  the  person  entitled  to  receive  such  money,  and 
stating  on  its  face  the  purpose  or  service  for  which  it  is  to  be  paid,  and 
that  such  warrant  is  drawn  in  pursuance  of  an  order  entered  by  the 
board  on  the day  of (Code,  Sec.   662) 

(7)  Establish  all  day,  part  time,  continuation  or  evening  co^lrses. — 
The  district  school  board  may  establish  all  day,  part  time  or  continuation 
or  evening  classes,  giving  industrial,  agricultural,  household  arts  or  com- 
mercial education,  and  provide  for  the  support  thereof  in  the  same  manner 
as  for  the  regular  schools  of  said  district.  Such  education  shall  be  of  5  ess 
than  college  grade,  and  shall  be  designed  to  meet  the  vocational  needs  of 
persons  over  fourteen  years  of  age  who  are  able  to  profit  by  the  instruc- 
tion offered.     (Code,  Sec.  663) 

(8)  Make  annual  report. — It  shall  be  the  duty  of  the  district  school 
board  to  report  on  any  matter  when  required  by  the  division  superintend- 
ent of  schools,  and  on  or  before  the  first  day  of  August  of  each  year  to 
make  a  report  for  the  school  year  closing  on  the  thirtieth  day  of  June 
preceding  on  all  subjects  embraced  in  the  blank  forms  supplied  by  the 
Superintendent  of  Public  Instruction. 

County,  city,  or  district  school  boards  and  counties,  cities,  towns, 
and  districts  may  make  appropriations  to  non-sectarian  schools  of  manual, 
industrial,  or  technical  training,  or  to  any  school  or  institution  of  learning 


38  Bulletin  State  Board  of  Education 


owned  or  exclusively  controlled  by  such  county,  city,  town,  or  school  dis- 
trict or  by  such  countv,  city,  or  district  school  boards.  Said  boards  may 
also  provide  for  the  introduction  of  manual  or  industrial  training  and 
other  special   branches  into  any  public  school.     (Code,  Sec.  664) 

(9)  Perform  any  other  duties  prescribed  by  the  State  Board  of  Edu- 
eation. — It  shall  be  the  duty  of  the  district  school  board  to  perform  such 
other  duties  as  shall  be  prescribed  by  the  State  Board  of  Education,  or  are 
imposed  by  any  other  section  of  this  chapter  or  by  law.     (Code,  sec.  665) 

(10)  Explain,  observe,  and  enfwce  laws;  make  regulations;  employ 
and  dismiss  teachers. —  (a')  It  shall  be  the  duty  of  the  district  school  board 
to  explain,  enforce,  and  abserve  the  school  laws;  (b')  and  to  make  rules  for 
the  government  of  the  schools  and  for  regulating  the  conduct  of  pupils 
going  to  and  returning  from  school;    (c')    and  to  employ  teachers  from  a 

of  eligibles  to  be  furnished  by  the  division  superintendent,  said 
or  lists  to  contain  all  applicants  of  good  moral  character,  whose 
efficiency  is  attested  by  proper  certificate  and  who  may  apply  to  be  in- 
cluded therein;  (d')  and  to  dismiss  them  wwhen  delinquent,  inefficient,  or 
in  any  wise  unworthy  of  the  position;  but  the  authority  hereby  given  shall 
be  subject  tc  review  by  the  board  of  appeal  provided  by  section  six 
hundred  and  thirty-two.  '  No  board  shall  employ  or  pay  any  teacher  from 
the  public  funds  unless  the  teacher  shall  hold  a  certificate  in  full  force 
according  to  the  provisions  of  section  six  hundred  and  eighty-eight;  but 
no  district  board  shall  employ  or  pay  any  teacher  from  the  public  funds 
,kI  teacher  is  the  father,  mother,  brother,  sister,  wife,  son,  or  daughter 
of  any  mem  her  of  said  board.  Any  member  of  any  district  board  who 
shall  violate  any  of  these  provisions  shall  be  personally  liable  to  refund 
any  public  funds  paid  in  violation  of  this  section,  to  be  recovered  from  him 
by  suit  in  the  name  of  the  Commonwealth  at  the  relation  of  the  attorney 
for  the  Commonwealth;  such  funds  when  recovered,  to  be  paid  into  the 
county  school  fund.     (Acts  1920,  page  600) 

ill)      Control  of  pupils;  free  text  books;  census  of  children;  meetings. — 

It  shall  be  the  duty  of  the  district  school  board  to  suspend  or  expel  pupils 

when   the   prosperity    and   efficiency   of   the   schools   make   it  necessary;    to 

decide  what  children  wishing-  to  enter  the  school  of  the  district  should  by 

ii  of  the  poverty  of  their  parents  or  guardians  receive  text-books  free 

of  charge,  and  to  provide  for  supplying  them  accordingly;  to  see  that  the 

of  children  required  by  section  six  hundred  and  fifty-three  is  taken 

in    the    proper   time    and    in    proper   manner;    to   hold    regular  meetings   at 

fixed    periods,    to    be    prescribed    by    the    State    Board    of    Education,    and 

pecial  meetings  when  called  by  the  chairman  or  by  two  members.     (Code 

60) 

!  L2)  Estimate  amount  of  money  needed  in  the  district  for  next  year; 
proviit  suitable  Bchool  houses,  furniture,  etc. — It  shall  be  the  duty  of  the 
district  school  board  to  call  meetings  of  the  people  of  the  district  for  con- 
sultation in  regard  to  the  school  interests  theerof,  at  which  meetings 
the    chairman    or    some    other    member    of    the    board    shall    presci'ibe,    if 

and  on  or  before  the  fifteenth  day  of  March  in  each  year  the 
districl  school  board  shall  prepare  and  return  to  the  president  of  the 
county   school   board    to   be   by   him   laid  before   the   board   at  its   earliest 

an  estimate  of  the  amount  of  money  which  will  be  needed  in  the 
district  during  the  next  school  year  for  providing  school  houses,  text- 
books for  indigent  children  and  school  appliances,  and  other  necessary 
expenses;  and  said  board  shall  provide  suitable  school  houses  with  proper 
furniture  and  appliances,  in  accordance  with  section  six  hundred  and  eleven. 


Virginia  School  Laws  39 

and  care  for,  manage,  and  control  the  school  property  of  the  district.  For 
these  purposes  it  may  lease,  purchase,  or  build  such  houses,  according 
to  the  exigencies  of  the  district  and  the  means  at  its  disposal.  (Code. 
Sec.   661) 

(13)  Districts  to  be  numbered  and  named. —  (Sec  Division  Superin- 
tendents, Sec.  e   (15),  page  26).     (Code,  Sec.  667) 

(14)  Bounds  of  districts;  towns  may  constitute  separate  districts. — 
a'.  Each  magisterial  district  shall  constitute  a  separate  school  district 
unless  the  State  Board  of  Education  shall  provide  for  redisricting  any 
county  where  the  interests  of  the  schools  require  it. 

b'.  A  town  of  more  than  five  hundred  inhabitants  may,  if  the  council 
of  such  town  so  elect,  be  constituted  a  single  school  district,  and  such 
council  shall  have  the  power  to  appoint  three  school  trustees  to  serve  one, 
two,  and  three  years,  respectively,  and  annually  thereafter  it  shall  appoint 
a  school  trustee  for  said  district  to  serve  for  three  years:  provided,  that 
in  all  cases  in  which  a  school  district  includes  territory  outside  of  the 
corporate  limits  of  the  town,  the  trustees  shall  be  appointed  by  the  school 
trustee  electoral  board  provided  for  in  section  six  hundred  and  twenty- 
nine.     (Code,  Sec.  668) 

(15)  Approve  claims  and  authorize  payment. — For  the  pay  of  public 
free  school  teachers,  of  the  clerks  of  boards  of  district  school  trustees,  the 
cost  of  providing  school  houses  and  appurtenances  thereto  and  the  re- 
pairs thereof,  school  furniture  and  appliances,  necessary  text-books  for 
children  attending  the  public  free  schools  in  cases  where  the  parent  or 
guardian  is  unable,  by  reason  of  poverty,  to  furnish  them,  treasurer's  com- 
missions, and  any  other  expenses  attending  the  public  free  school  system 
so  far  as  the  same  is  under  control  or  at  the  charge  of  the  school  district 
or  its  officers,  it  shall  be  necessary  first  to  obtain  from  the  board  or  school 
trustee  of  the  district  concerned  an  order  approving  the  claim  and  direct- 
ing it  to  be  paid,  which  shall  be  duly  recorded  in  the  proceedings  of 
the  said  board;  whereupon  a  warrant  shall  be  drawn,  signed  by  the  chair- 
man of  the  said  board  and  countersigned  by  the  clerk  thereof,  payable  to 
the  order  of  the  person  entitled  to  receive  such  money,  and  stating  on  its 
face  the  purposes  or  service  for  which  it  is  to  be  paid  and  that  such 
warrant  is  drawn  in  pursuance  of  an  order  of  the  board.  (Code,  Sec. 
670) 

(16)  Shall  provide  facilities  before  receiving  funds. — No  school  dis- 
trict shall  receive  any  part  of  the  county  or  State  funds  until  it  has  made 
proper  provision  for  school  houses,  furniture,  apparatus,  text-books  for  the 
indigent  children,  and  all  other  means  and  appliances  needful  for  the 
successful  operation  of  the  schools.     (Code,  Sec.  680) 

(17)  May  furnish  free  text  books. — The  act  entitled  "an  act  allowing 
(under  certain  conditions)  district  or  county  school  boards  to  provide  free 
school  books  for  children  attending  the  public  schools,  ?nd  instructing 
boards  of  supervisors  and  city  councils  to  provide  the  necessary  revenue," 
approved  March  21,  1916,  is  continued  in  force.     (Code,  Sec.  725) 

(18)  Free  text  books  provided  for: 

a'.  Be  it  enacted  by  the  General  Assembly  of  Virginia,  that  each 
district  school  board  of  this  Commonwealth  is  hereby  authorized  to 
furnish  free  of  charge  to  all  pupils  in  the  public  school  all  books  adopted 
for  use  in  said  schools,  said  books  to  be  paid  for  by  each  district  school 
board  or  county  school  board,  out  of  funds  to  be  provided  as  herein  pre- 
scribed. But  no  student  shall  be  allowed  more  than  one  book  of  any  one 
kind,  free,  for  any  one  year. 


lo  Bulletin  State  Board  of  Education 


V.  Whenever  twenty-five  (25)  per  centum  of  the  electorate  (voting 
at  the  previous  election)  of  any  school  district,  shall  petition  the  trustees 
of  said  district  for  the  introduction  of  free  text  books,  then  the  said 
tru  f  the  said  district  shall  certify  in  writing  the  fact  to  the  electoral 

h,.ar,l  of  said  countv  or  city  who  shall  at  least  thirty  days  before  the  next 
general  election,  see  to  it  that  the  question  is  printed  upon  the  official 
ballot  of  such  election  in  type  similar  to  that  used  for  the  rest  of  the 
hallot  and  in  the  following  form:  "For  free  text  books,"  "Against  free 
text  books  "  If  the  majority  of  the  votes  cast  on  this  question  is  for  free 
text  books  then  the  trustees  of  said  district  shall  communicate  in  writing 
this  fact  to  the  board  of  supervisors  or  city  council,  as  the  case  may  be: 

;ether  with  a  statement  of  the  number  of  pupils  enrolled  in  the  district; 

and  the  amount  of  money  needed  to  furnish  free  books  and  it  shall  be  the 
duty  of  the  hoard  of  supervisors  or  city  council  to  lay  a  levy  tor  the 
purpose,  or  in  lieu  thereof  to  make  an  appropriation  of  the  amount  asked 
for  by  the  said  trustees,  provided  the  same  does  not  exceed  one  dollar  for 
each  pupil  enrolled. 

(  \t  such  time  as  any  district  school  board  shall  put  this  act  into 
operation  it  shall  not  be  necessary  to  take  up  all  the  old  books  of  the 
pupils  but  to  pupils  wholly  or  in  part  supplied  with  necessary  books  the 
board  may  supply  the  book  only  as  other  or  new  are  needed.  All  school 
books  furnished  as  herein  provided  shall  be  the  property  of  the  district 
school  board  and  loaned  to  the  pupils  on  such  terms  and  conditions  as 
each   such   district   school  board  prescribes. 

d'.  It  shall  be  the  duty  of  the  district  school  board  to  adopt  such  rules 
and  regulations  as  may  be  necessary  to  take  care  of  said  books. 

e'.  Books  for  use  in  the  schools  shall  be  ordered  at  least  thirty  days 
before  the  opening  of  schools  by  the  clerk  of  each  district  school  board 
from  such  person  or  persons  as  may  be  designated  by  the  State  Board  of 
Education,  and  at  wholesale  prices  as  provided  by  law. 

f.  The  expenses  of  ordering  and  distribution  shall  be  borne  out  of  the 
district  funds  for  free  text  books  provided  in  section  two,  the  amount 
necessary  to  be  determined  by  each  district  board,  but  in  no  case  shall  the 
expense  of  distribution,  excluding  freight,  exceed  four  cents  for  each  pupil 
enrolled  for  each  session.  It  shall  be  lawful,  by  vote  of  the-district 
board,  for  the  district  clerk  to  undertake  the  distribution  of  books,  provided 
his  compensation  shall  not  exceed  the  amount  named  in  this  act. 

g'.  In  such  counties  as  it  may  seem  advisable  to  take  a  vote  upon 
the  free  text-book  question  for  the  entire  county  as  a  unit,  rather  than 
by  district<,  upon  written  notice  from  the  county  school  board  to  the  elec- 
toral board  of  the  county  certifying  that  each  school  district  in  the  county 
had  duly  petitioned  each  district  board,  as  provided  in  section  two  of  this 
t.  the  electoral  board  shall  have  placed  upon  the  ballot  for  the  entire 
county  in  the  same  way  and  manner  as  provided  in  section  two,  the  words 
"For  Free  Text  Books,"  "Against  Free  Text  Books."  If  the  majority  of 
those  V"tinn  oti  this  question  declare  in  favor  of  free  text  books  then  the  sup- 
ei  •  are  authorized  to  levy  for  the  entire  county  the  amount  estimated 

by  the  county  school  board  as  needed  to  furnish  said  books,  not  to  exceed 
one  dollar  for  each  pupil  enrolled  in  the  public  schools  of  said  county. 
which  amount  shall  he  placed  to  the  credit  of  "a  free  text  book  fund  for  the 
county,"  to  be  disbursed  by  the  county  school  board,  and  said  county  board 
is  authorized  to  order  said  books  in  the  same  way  and  under  the  same 
conditions  as  provided  in  section  four,  for  district  school  boards,  and  to 
pay  the  expense  of  distribution  of  said  books  as  provided  for  the  district 
school  hoards  in  section  five  of  this  act. 


'Virginia  School  Laivs  41 

h'.  Provided  that  this  act  shall  not  apply  to  any  county  or  any  school 
district  in  which  the  school  session  is  not  at  least  seven  months  long. 

i'.  Any  school  district  or  county  as  a  unit  having  once  adopted  above 
provisions  or  system,  shall  have  the  right  to  abolish  the  system  by  an 
election  called  and  held  as  prescribed  and  regulated  in  Sections  2  and  6 
of  this  act,  and  if  the  majority  of  the  votes  cast  is  against  the  continuance 
of  free  books,  the  system  shall  be  discontinued.     (Acts  1916,  page  714) 

(19)  Custodians  of  donations  for  school  purposes. — When  any  real 
or  personal  property  is  given,  devised  or  bequeathed  to  any  school  district 
or  city  school  board  it  shall  be  vested  in  the  said  school  district  or  city  school 
board,  as  the  case  may  be,  and  shall  be  managed  and  applied  by  the  same 
according  to  the  wishes  of  the  donor  or  testator,  and  the  school  board  hav- 
ing charge  of  the  fund  or  property  shall,  in  addition  to  the  regular  settle- 
ments which  it  is  required  to  make  of  all  school  moneys  coming  into  its 
hands,  settle  anrually  before  the  commissioner  of  accounts  of  its  county  or 
city,  so  far  as  the  management  of  the  property  so  bequeathed  or  devised  is 
concerned,  and  the  court  having  jurisdiction  shall  have  the  right  to  compel 
such  a  settlement  as  provided  in  section  fifty-four  hundred  and  ten  of  this 
Code  In  case  of  any  change  in  the  boundaries  of  any  district,  the 
county  school  board  shall  make  provision  for  continuing  the  fulfilment  of 
the  purposes  of  such  donor  or  testator,  as  far  as  practicable,  and  settle- 
ments  shall  be  made  as  provided  for  above. 

(20)  School  board  may  borrow  money  on  short  time  loans. — Be  it 
enacted  by  the  General  Assembly  of  Virginia,  That  the  several  district 
or  city  school  boards  of  the  State,  desiring  to  borrow  money  of  the  pur- 
pose aforesaid,  be,  and  the  same  are  hereby,  authorized  to  borrow  a 
sum  of  money  which  shall  not  exceed  the  amount  of  the  district  levy  for 
the  year  in  which  the  loan  is  negotiated,  such  loans  to  be  repaid  at  such 
time  or  times  within  the  space  of  five  years  as  may  seem  best  to  the  re- 
spective school  boards  and  to  bear  interest  at  a  rate  not  exceeding  six  per 
centum  per  annum ;  provided  that  a  second  loan  shall  not  be  negotiated 
until  all  preceding  temporary  loans  negotiated  under  this  act  have  been 
paid.      (Acts  1918,  Chap.  352,  page  533) 

(21)  May  establish  joint  schools. — The  school  boards  of  two  adjacent 
districts,  whether  in  the  same  or  different  counties,  shall,  with  the  consent 
of  the  State  Board  of  Education,  have  the  power  to  establish  joint  schools 
for  the  use  of  both  districts ;  and  shall  have  the  power  to  purchase,  take, 
hold,  lease,  and  convey  school  property,  both  real  and  personal,  in  either 
district  for  such  joint  schools;  and  the  title  to  all  such  property  acquired 
for  such  purposes  shall  vest  jointly  in  the  school  boards  of  such  adjacent 
districts,  and  such  schools  shall  be  managed  and  controlled  by  the  said 
boards  jointly.     (Code,  Sec.  701) 

(22)  Encourage  teachers'  meetings. — County  or  district  school  boards 
may  encourage  meetings  of  teachers  to  be  held  from  time  to  time  in  any 
county  or  school  district  under  such  regulations  as  the  division  superin- 
tendent of  schools  may  prescribe.     (Code,  Sec.  694) 

(23)  Must  take  oath: 

Kvery  district  school  trustee,  before  entering-  upon  the  duties  of  his 
office,  and  within  thirty  days  after  notice  of  his  appointment,  shall  take 
and  subscribe  the  oaths  prescribed  by  section  two  hundred  and  sixty-nine 
of  the  Code  of  Virginia  (section  8,  sub  see.  d.  of  school  law).  As  soon  as  the 
oaths  shall  have  been  taken  and  subscribed  before  the  division  superintend- 
ent of  schools,  or  any  other  officer  authorized  to  administer  an  oath,  and  a 
minute  of  the  said  ciualincation  entered  of  record  in  the  clerk's  office  of  the 
circuit  corporation  court,  in  form  prescribed  by  the  Superintendent  of  Public 
Instruction,  the  form  Sh?.]l  be  returned  to  the  clerk  of  the  school  trustee  elec- 
toral board.      (State  Board  Regulation) 


12  Bulletin  State  Board  of  Education 


(24)  Hold  regular  meetings: 

District  school  boards  shall  hold  stated  meetings,  the  exact  date  of  such 
meetings    u>   be    fixed    by    the   boards.     Special   meetings   may   be   called   by   the 

i  man,  or  by  tin  other  two  members  of  the  board,  of  which  all  the 
members    shall    have    due    notice.      (State    Board    Regulation) 

(25)  Enter  into   written  contract  with  teachers: 

The     district     school     board     shall     enter     into     written     agreements     with 

before    said    teachers    enter    upon    the    discharge    of   their    duties    but 

no    teacher    may    be    employed    or    paid    who    it    not    properly    certificated    to 

teach    in    the    public    schools    of    Virginia.     Contracts    with    teachers    shall    be 

executed  on  behalf  of  the  board  by  the  clerk  unless  the  board  shall  designate 

other   member   thereof  to  execute  same.     (State  Board  Regulation) 

(26)  Fix  h  ngth  of  daily  session: 

The  time  for  opening  and  closing  school  shall  be  prescribed  by  the 
district  board  of  trustees  subject  to  the  approval  of  the  division  superintend- 
ent,    provided     that     no    school    shall    have    less    than    nve    or    more    than    six 

halt  hours  each  school  day,  exclusive  of  the  mid-day  intermission,  but 
including  the  necessary  time  for  appropriate  opening  exercises;  provided 
further  thr.t  in  the  discretion  of  the  State  superintendent  and  the  division 
superintendent  the  length  of  the  school  day  may  be  shortened  or  modified 
with    reference   to   special   classes.      (State    Board    Regulation) 

(27)  Pay  teachers'  salaries  when  school  is  closed: 

The  hoard  of  school  trustees  of  any  school  district  in  which  a  public 
school  lias  been  closed  for  sufficient  cause  before  the  expiration  of  period 
for  which  it  was  required  by  contract  to  continue,  is  hereby  authorized,  with 
the  written  approval  of  the  division  superintendent,  to  pay  the  teacher  of 
t-vi-ry  school  as  much  of  his  salary  as  may  be  due  for  the  time  the  school  was 
taught.      (State   Board    Regulation) 

(28)  Prepare  a  budget: 

At    the    March    meeting  every   district   school   board    shall   prepare   an    esti- 
mate showing  the  amount  of  money  which  will  be  needed  in  the  district  dur- 
the    next    school    year    for    providing    school-houses,    furniture,    apparatus, 
books    for    indigent    pupils,    and    all    other    lawful    means    and    appliances 
needful    for    the    successful    operation    of    the    schools.     Said    estimate    shall    be 
filed    with    the   division    superintendent,    to    be   by   him    laid    before    the    county 
ird,      (State    Board    Regulation) 

(29)  Acquaint   itself  icith  school  law: 

It  is  the  duty  of  all  school  officials  to  acquaint  themselves  with  the  school 

and    regulations,    and    to    see    that    they    are    carried    into    execution;    and 

urged  to  tolerate  nothing  that  might  tend  to  impair  the  public  school 

'"    or    m    any    way    Interfere    with    the    efficiency    of    the    schools.      (State 

Hoard    R-Kiilat 

(30)  Select   plans  for  school  buildings: 

'  ' '    trustees   should   exercise  the  greatest  care  in  the   selection 

school  houses,  and  shall  see  to  it  that  these  buildings 
ire  properly  constructed  and  furnished  with  the  necessary  conveniences  and 
appliances  In  accordance  with  the  provisions  of  section  eighteen  of  the 
school  laws.  No  school-house  shall  be  contracted  for  or  erected  until  the 
Plan  tions   for   the  sain.-,  as  well  as  the  location,  shall  have  been 

mined   and   approved    in    writing   by   the  division   superintendent  of  schools 
hall    be    governed    bj    the   provisions    of   said   section    eighteen 
tstat.-   Board    Regulation) 


Virginia  School  Laws  43 

(31)  Visit  schools: 

It  is  the  duty  of  the  district  trustees  to  visit  the  schools  in  their  respec- 
tive districts  while  they  are  in  operation  and  to  see  that  they  are  in  proper 
condition;  to  aid  the  teachers  in  maintaining:  discipline  and  in  all  movements 
intended  to  improve  the  schools  and  promote  education;  and  in  vacation  to 
see  that  the  houses  are  securely  locked  and  the  school  property  carefully  pre- 
served.     (State   Board   Regulation) 

(32)  Guard   against   establishing  small   ungraded  schools: 

The  statute  law  reauires  the  State  Board  of  Education  to  guard  by  regu- 
lation against  such  a  multiplicity  of  schools  as  will  cause  a  low  grade  of  in- 
struction in  them,  or  otherwise  impair  their  efficiency.  District  school 
boards  are  therefore  urged,  and  it  is  their  duty,  to  co-operate  with  division 
superintendents  in  preventing  the  establishment  and  maintenance  of  small 
ungraded  rural  schools,  especially  where  such  schools  are  not  absolutely  nec- 
essary. Wherever  it  can  be  done,  several  small  schools  should  be  com- 
bined into  one  good  graded  school,  with  two  or  more  teachers  and  a  longer 
term.      (State    Board    Regulation) 

(33)  Require  pupils  to  provide  themselves  with  text  books: 

School  officers  and  teachers  shall  require  all  children  who  apply  for  ad- 
mission into  the  public  free  schools  to  be  provided  with  such  books  as  have 
been  prescribed  and  duly  selected  under  the  regulations  of  the  State  Board 
of  Education,  and  no  child  shall  be  allowed  to  remain  in  school  unless  he  is 
provided  with  such  books. 

There  shall  be  kept  in  every  school-room  a  copy  of  the  list  of  text-books 
prescribed  for  use  in  that  division,  with  a  copy  of  the  regulations  of  the 
State  Board  of  Education  concerning  the  same,  that  the  pupils  may  be 
informed  of  the  prices  of  such  books  fixed  by  the  said  board.  Division  super- 
intendents shall  see  that  a  list  of  said  books  is  furnished  to  each  teacher  be- 
fore   the   schools    are    opened.      (State    Board    Regulation) 

(34)  Give  notice  to  teachers  against  whom  charges  are  made: 

Due  notice,  and  an  opportunity  to  be  heard,  shall  be  given  by  district 
boards  to  any  teacher  or  principal  against  whom  charges  involving  charac- 
ter are  made.      (State  Board   Regulation) 

(35)  May  employ  physical  education  supervisors: 

The  school  boards  of  the  cities  and  counties  may  in  their  discretion  ap- 
point directors  and  teachers  of  physical  education  and  medical  inspection 
for  the  purpose  of  developing  the  physical  well-being  of  pupils  and  of 
guarding  against  ill  health  and  disease.  The  duties  of  such  supervisors 
or  teachers  shall  be  prescribed  by  the  local  school  board  in  accordance  with 
the  law  and  their  work  shall  be  conducted  under  the  general  supervision 
and  control  of  said  school  board.  The  compensation  for  such  teachers  and 
supervisors  shall  be  fixed  by  the  school  board.      (State  Board  Regulation) 

(36)  Duties  of  clerk;  his  pay: 

a'.  Keep  record  of  proceedings. — The  clerk  shall  keep  in  a  bound 
volume  a  record  of  the  proceedings  of  the  board,  and  in  another  book  a  cash 
account  and  a  record  of  his  own  official  acts,  and  shall  keep  on  file  vouchers, 
contracts,  and  other  official  papers;  all  of  which  shall  be  open  to  the  inspec- 
tion of  the  division  superintendent  of  schools  and  of  every  citizen  of  the 
district,  and  shall  be  subject  to  such  periodical  examinations  as  shall  be 
prescribed  by  the  State  Board  of  Education.      (Code,  Sec.  657) 

b'.  He  shall  discharge  such  other  duties  in  connection  with  the  school 
business  of  the  district  as  may  be  required  of  him,  and  for  his  services 
may  be  allowed,  out  of  the  district  fund,  an  amount  not  exceeding  three 
dollars  for  each  teacher;  provided  that  in  the  county  of  Henry,  he  shall 
be  allowed  an  amount  not  exceeding  five  dollars  for  each  teacher.  (Acts 
1920,  page  560,  amending  Sec.  658  of   Code) 


44  Bulletin  State  Board  of  Education 


9.     Teachers. 

a.  Must  hold  certificate  of  qualification. — Every  teacher  of  a  public 
free  school  shall  hold  a  certificate  in  full  force,  issued  or  approved  by 
the  division  superintendent  prior  to  July  first,  nineteen  hundred  and  six, 
or  after  that  date  by  the  State  Board  of  Examiners  and  inspectors  or 
otherwise  as  the  State  Board  of  Education  may  prescribe,  said  certificate 
to  be  approved  by  the  superintendent  of  schools  for  the  division  within 
which  :  uch  teacher  is  to  be  employed  unless  for  good  cause   shown   such 

rtificate  be  revoked.     (Code,  Sec.  688) 

b.  Must  enter  into  written  contract. — Written  contracts  shall  be 
made  bj  the  district  school  board  with  all  public  free  school  teachers,  in 
a  form  to  be  prescribed  by  the  Superintendent  of  Public  Instruction,  before 
thej  enter  upon  their  duties.  Such  contracts  shall  be  signed  in  duplicate, 
each  party  holding  a  copy.     (Code,  Sec.  690) 

c.  May   suspend  pupils. — A  teacher  of  a  public  free  school  may,  for 
sufficient  cause,  suspend  pupils  from  attendance  on  the  school  until  the 

case  i-  decided  by  the  hoard  of  school  trustees,  which  shall  be  with  as 
little  delay  as  possible:  provided,  that  in  all  such  cases  of  suspension  the 
teacher  shall  report  the  facts  in  writing  to  the  district  school  board,  and 
to  the  parent  or  guardian  of  the  child  suspended.     (Code,  Sec.  691) 

d.  Pay  not  dependent  on  attendance  of  pupils. — The  pay  of  a  teacher 
in  the  public  schools  of  this  State  shall  not  be  governed  by  the  daily 
average  attendance  of  pupils,  provided  the  average  attendance  of  pupils 
i  xceeds   ten.     (Code,  Sec.  692) 

e.  To  keep  register. — Every  teacher  in  a  public  free  school  shall  keep 
a  daily  register  of  facts  pertaining  to  his  school  in  such  form  as  the 
Superintendent  of  Public  Instruction  shall  require,  and  shall  be  responsible 
for  the  safe-keeping  and  delivery  of  the  same  to  the  clerk  of  the  school 
board  at  the  close  of  the  school  term,  or  of  the  period  of  his  service,  which- 
ever shall  first  happen.     (Code,  Sec.  689) 

f.  To  see  that  flag  is  flown. — It  shall  be  the  duty  of  each  teacher  in 
a  school  employing  one  teacher  only,  and  of  the  principal  of  each  school 
employing  more  than  one  teacher,  to  see  that  said  flags  shall  be  flown 
from  said  flag  staff,  or  poles  during  school  hours  of  each  school  day  in  the 

ar,  from  the  hour  of  opening  until  the  hour  of  closing  the  school  under 
his  or  her  charge  except  upon  such  days  as  an  injury  to  the  flags  would 
be  likely  to  result  from  flying  them,  bv  reason  of  inclement  weather  con- 
ditions.    (Code,  Sec.  (579) 

r.     Must    make   term   report   before  receiving  last   month's  warrant: 

N:"  teacher  shall  receive  a  warrant  for  his  last  month's  sai'arv  until  re- 
'IUH..I  reports  to  the  division  superintendent  ami  school  board  have  been 
made       (State    Board    Regulation)  » 

h.     Require    cleanliness    of    pupils — suspend    if   necessary: 

Teachers   shall    Squire   of    pupils   cleanliness   of   person,   punctuality,   dili- 

id    behavior    during    their    attendance    at    school    and    on    their 

tier    and     back     to    their    homes.     Iv.     the    enforcement    of    discipline 

ire    authority,    subject    to    such    regulations   as   the   district   boards 

to     indict     reasonable    penalties,    and    for    a    sufficient    cause 

they   may     uspend   pupil-   from  school  until   the  case  is  decided  by  the  district 

shall   h,-   with   as   little  delay  as  possible:  provided,  that 
of  suspension   the   teacher  shall  promptly  report  the  facts  in 
writing    to    the    district    school    board    and    to    the    parent    or    guardian    of    the 
nded.      (State   Board   Regulation) 


.  Virginia  School  Laws  45 

i.     Do  reading;  attend  summer  school,  etc.,  for  improvement: 

It  is  the  duty  of  teachers  to  improve  themselves  in  the  art  of  teaching 
by  studying  approved  books  on  the  subjects  they  are  to  teach,  by  attending 
summer  normal  schools,  teachers'  meetings  and  reading  circles,  and  by  mak- 
ing themselves  throughly  acquainted  with  some  of  the  best  books  on  peda- 
gogy, school  management,  and  the  history  of  education,  and  also  by  reading 
educational  periodicals,  and  pursuing  such  a  course  of  general  reading  as  will 
best  tend  to  increase  their  knowledge  and  usefulness  as  teachers.  (State 
Board  Regulation) 

j.     School  month: 

The  school  month  shall  consist  of  four  weeks  of  five  school  days  each, 
and,  in  the  discretion  of  the  local  school  board,  deduction  may  be  made  from 
the  pay  of  teachers  for  every  day  they  lose  except  such  days  as  shall  have 
been  declared  holidays  by  district  school  boards.      (State  Board  Regulation) 

k.     County  officers  not  to  teach: 

No  division  superintendent  of  schools,  district  school  trustee,  county  treas- 
urer or  deputy  treasurer  or  other  county  officer  shall  teach  a  public  school. 
(State  Board   Regulation) 

1.  Teacher's  cottage  at  Catawba. — Bo  it  enacted  by  the  General  As- 
sembly of  Virginia,  that  the  sum  of  ten  thousand  dollars,  be,  and  the  same 
is  hereby,  appropriated  to  build  a  cottage  for  tubercular  teachers  at 
Catawba;  provided  the  sum  of  fifteen  thousand  dollars  is  contributed  to 
this  fund  by  the  State  Teachers'  Association. 

The  State  Board  of  Health  shall  have  full  charge  of  erecting  said 
cottage  and  all  money  used  for  this  purpose  shall  be  paid  out  on  vouchers 
issued  by  the  State  Board  of  Health. 

Admittance  to  the  teachers'  cottage  shall  be  on  recommendation  of  the 
State  Teachers  Association,  and  under  regulations  prescribed  by  the 
State  Board  of  Health.     (Acts  1918,  Chap.  177,  pg.  309.) 

m.  State  cadets  to  act  as  teachers. — Every  cadet  received  on  State 
account,  and  who  shall  have  remained  in  the  institute  during  the  period 
of  two  years  or  more,  shall  act  in  the  capacity  of  teacher  in  some  school 
in  this  State  for  two  years  after  leaving  the  institute,  and  such  cadet  shall 
be  required  to  discharge  said  obligation  as  teacher  within  the  three  years 
immediately  after  leaving  the  institution,  and  said  cadet  shall  report  in 
writing  to  the  superintendent  of  the  institute  on  or  before  the  first  day  of 
June  of  each  year  succeeding  the  date  of  his  leaving  the  institution  until 
he  shall  have  discharged  fully  said  obligations  to  the  Conmonwealth;  or 
at  his  option  he  may  serve  an  enlistment  in  the  national  guard  of  the 
State,  or  serve  for  a  period  of  two  years  as  an  engineer  on  the  State 
Highway  Commission;  and  every  cadet  so  received  on  State  account  in  said 
institute  on  reporting  for  duty  and  matriculation  shall  be  required  to  enter 
into  a  bond,  payable  to  the  Virginia  Military  Institute,  in  a  sum  sufficient 
to  cover  the  board  and  tuition  that  may  be  expended  in  his  behalf  as  such 
State  cadet;  and  unless  the  said  cadet  shall  fulfill  his  said  obligation  as 
aforesaid,  he  shall  be  deemed  to  have  violated  his  contract,  and  authority 
is  hereby  given  to  the  institution  to  proceed  by  law  for  the  collection  from 
said  cadet  of  such  amount  as  may  be  necessary  to  cover  so  much  of  his 
board  and  tuition  as  may  proportionately  be  due  from  his  failure  to 
teach  the  whole  or  any  part  of  the  said  two  years,  or  to  serve  in  the! 
national  guards  or  as  an  engineer  on  the  public  roads  of  Virginia;  and  no 
cadet  executing  such  bond  shall  be  permitted  to  plead  infancy  or  the 
statute  of  limitation  in  bar  of  recovery  of  such  debt;  provided,  the  board 
of  visitors  may  excuse  said  cadet  from  any  one  of  these  obligations  in  such 


46  Bulletin  State  Board  of  Education 


cases  as  they  may  deem  right  and  proper;  and  provided  further,  if  said 
cadet   shall   discharge   any   one   of  these   obligations  within   the   time   pre- 
scribed, he  shall  be  deemed  to   have  fulfilled  his  obligation  to  the   State 
imposed  by  this  section.     (Code,  Sec.  849) 
n.     Pensions  for  teachers: 

(1)  Who  may  be  retired. — Any  person,  not  including  the  division 
superintendents,  who  has  taught  in  the  public  schools  «f  this  State  may 
make  application  to  be  retired  and  pensioned  under  the  provisions  of  this 
chapter,  provided  his  case  comes  under  either  of  the  two  following  classi- 

itions:  . 

Class  "A"  shall  include  every  person  who  has  taught  in  the  public 
schools  of  this  State  an  aggregate  of  at  least  twenty  years  and  who  has 
maintained  a  good  record  and  by  reason  of  physical  or  mental  infirmity  or 
old  age  is  incapable  of  rendering  efficient  service  as  a  teacher. 

II"  shall  include  every  person  who  has  taught  in  the  public 
schools  of  this  State  for  an  aggregate  of  ate  least  thirty  years  and  who  has 
maintained  a  good  record  and  has  reached  the  age  of  fifty-eight  years. 
if  a  man,  and  fifty  years,  if  a  woman. 

The  State  Board  of  Education  is  authorized,  and  it  shall  be  its  duty 
to  place  any  such  person  on  the  list  to  be  known  as  the  "retired  teachers' 
list"  and  pay  him  a  pension  as  hereinafter  provided,  subject  to  the  excep- 
tions and  restrictions  of  this  chapter;  and  a  careful  record  of  the  names  of 
the  teachers  pensioned  under  this  chapter  shall  be  kept  by  the  State  Board 
of  Education.     (Code,  Sec.  787) 

(2)  Medical  examination  for  class  "A." — No  applicant  under  class 
"A"  shall  be  pensioned  until  and  unless,  his  mental  or  physical  disability 
is  shown  by  evidence  satisfactory  both  to  the  State  Board  of  Health  and 
the   State  Board  of  Education,  and   either  of  the  said  boards  may  order 

pecial   medical  examination  by  some  physician  appointed  by  it,  the  ex- 
not  exceeding  five  dollars  in  each  case,  to  be  borne  by  the  applicant 
unless  otherwise   directed  by  the   State  Board  of  Education.      (Code,   Sec. 
788) 

(3)  Rest ri<t ions  as  to  dates: 

a'.  Prior  to  January  first,  nineteen  hundred  and  eleven,  no  person  shall 
be  placed  on  the  "retired  teachers'  list"  under  class  "A"  or  class  "B"  unless 
such  person  shall  have  taught  at  least  one  session  in  the  public  schools 
of  this  State  since  July  first,  nineteen  hundred  and  eight;  after  January 
first,  nineteen  hundred  and  eleven,  and  prior  to  January  first,  nineteen 
hundred  and  twelve,  no  person  shall  be  i^aced  on  said  list  unless 
on     shall     have     taught     at     least     two     sessions     since     July 

nineteen  hundred  and  eight;  after  January  first,  nineteen  hundred  and 
twelve,  and  prior  to  January  first,  nineteen  hundred  and  thirteen,  no  person 
shall  be  placed  on  said  list  unless  such  person  shall  have  taught  at 
ree  sessions  since  July  first  nineteen  hundred  and  eight;  after 
January  first,  nineteen  hundred  and  thirteen,  and  prior  to  January  first, 
n  hundred  and  fourteen,  no  person  shall  be  placed  on  the  pension  list 
•ink       such    person    shall    have    taught   at  least   four   sessions .  since   July 

nineteen  hundred  and  eight;  and  after  January  first,  nineteen  hundred 
and  fourteen,  no  person  shall  be  placed  on  the  pension  list  unless  such 
per  "ii  shall  have  taught  at  least  five  sessions  since  July  first,  nineteen 
hundred  and  eight;  but,  the  provisions  of  this  section  shall  not  apply  to 
any  person  whose  application  reached  the  State  Board  of  Education  prior 
to  July  first,  nineteen  hundred  and  eight.     (Code,  Sec.  796) 


'Virginia  School  Laivs  47 

b'.  Any  person  who  would  have  been  entitled  to  a  pension  under  this 
chapter  under  either  class  "A"  or  class  "B"  had  it  been  in  force  prior  to 
July  first,  nineteen  hundred  and  eight,  and  subsequent  to  July  first,  nine- 
teen hundred  and  two,  and  who  retired,  either  voluntarily  or  on  account 
of  physical  disability  from  teaching  in  the  public  schools  prior  to  July 
first,  nineteen  hundred  and  eight,  and  subsequent  to  July  first,  nineteen 
hundred  and  two,  and  who  is  otherwise  qualified  under  the  provisions  of 
this  chapter,  shall  receive  under  this  chapter  a  pension  equal  to  one-fourth 
of  the  average  salary  earned  by  such  person  in  teaching  a  public  school 
during  the  last  five  years  of  his  service,  which  shall  be  paid  as  other  pen- 
sions are  paid  under  this  chapter,  and  all  other  provisions  effecting  other 
pensioners  under  this  chapter  shall  apply  to  those  pensioned  under  this 
section     (Code,  Sec.  797) 

c'.  In  the  interest  of  fairness  and  justice  to  all  parties,  the  deductions 
provided  for  in  section  seven  hundred  and  eighty-nine  shall  be  made  to 
apply  to  all  persons  whose  names  have  been  or  shall  be  placed  on  "the  re- 
tired teachers'  list,"  prior  to  June  fifteen,  nineteen  hundred  and  ten,  under 
such  rules  and  regulations  as  may  be  prescribed  by  the  State  Board  of  Edu- 
cation    (Code,  Sec.  799) 

d'.  The  State  Board  of  Education  shall  publish  annually  the  retired 
teachers'  list  in  the  Virginia  Journal  of  Education,  or  some  other  paper 
selected  by  it,  giving  the  name,  age  and  quarterly  pension  of  each  person 
on  said  list,  together  with  a  statement  of  the  class  under  which  he  is  retired. 
(Code,  Sec.  798) 

(4)     Hoiv  teachers  may  be  rernoved  from  pension  list: 

a'.  Any  person  heretofore  or  hereafter  placed  on  the  "retired  teachers' 
list,"  under  class  "A"  of  section  seven  hundred  and  eighty-seven,  shall  re- 
ceive a  pension  only  so  long  as  his  mental  or  physical  disability  continues 
to  exist;  and  he  may  have  his  name  removed  from  said  list  at  his  own  re- 
quest at  any  time,  or  the  State  Board  of  Health  or  the  State  Board  of 
Education  may  at  any  time,  and  shall  at  intervals  not  exceeding  three 
years,  require  a  new  examination  of  any  person  receiving  a  pension  Under 
class  "A,"  as  aforesaid,  to  determine  whether  the  said  person  is  still  in- 
capable of  rendering  efficient  service  as  a  teacher  by  reason  of  mental  or 
physical  infirmity  or  old  age,  and  if  either  of  said  boards  shall  be  of 
opinion  that  the  said  disability  no  longer  exists,  the  State  Board  of  Educa- 
tion shall  after  thirty  days'  notice  remove  the  said  recipient  of  a  pension 
from  the  said  retired  teachers'  list,  and  in  the  event  of  either  voluntary 
retirement  or  such  removal,  the  pensioner  shall  no  longer  receive  a  pension, 
unless  re-instated  as  provided  in  section  eight  hundred  and  three.  (Code, 
Sec.  801) 

b'.  Any  person  whose  name  has  been  placed  upon  the  retired  teachers' 
list  who  shall  engage  in  teaching  in  any  of  the  public  schools  of  this  State, 
shall  forfeit  his  right  to  a  position  on  the  retired  teachers'  list  and  shall 
be  removed  therefrom  by  the  State  Board  of  Education.     (Code,  Sec.  804) 

(5)      Sources  of  the  fund: 

a'.  One  percentum  of  teachers'  salaries. — In  order  to  provide  a  fund 
to  pension  said  retired  teachers,  all  contracts  with  teachers  shall  provide 
that  the  chairman  and  the  clerk  of  the  school  board,  or  other  officers  whose 
duty  it  is  to  pay  public  school  teachers,  shall  deduct  monthly  from  the  sal- 
ary of  each  teacher  in  the  State  a  sum  equal  to  one  per  centum  of  his 
salary.  In  order  that  the  sum  so  deducted  shall  be  promptly  covered  into 
the  treasury  of  the  State,  it  shall  be  the  duty  of  the  State  Board  of  Educa- 
tion to  deduct  from  the  annual  apportionment  on  account  of  the  appropria- 
tion of  the  General  Assembly  and  the  accumulated  interest  on  the  invest- 


48  Bulletin  State  Board  of  Education 

ments  of  the  literary  fund  one  per  centum  of  the  total  amount  of  the 
salaries  of  the  teachers  of  each  county,  town  or  city,  as  shown  by  the  annual 
report  of  the  division  superintendent  for  the  preceding  year.  Should  the 
salaries  of  the  teachers  for  the  current  year  exceed  the  salaries  paid  the 
preceding  year,  then  the  State  Board  of  Education  shall  deduct  for  the 
succeeding  year  an  additional  amount  sufficient  to  cover  said  excess,  it  being 
the  intention  of  this  section  to  provide  a  convenient  means  of  paying  the 
amounts  deducted  from  the  teachers  salaries  into  the  State  treasury  without 
having  the  trouble  and  expense  of  many  small  remittances  from  a  large 
number  of  clerks  of  district  boards.  All  amounts  so  deducted  and  received 
shall  be  placed  by  the  State  Treasurer  to  the  credit  of  the  fund  to  be 
called  the  "retired  teachers'  fund"  and  an  accurate  account  shall  be  kept 
of  all  funds  so  received.     (Code,  Sec.  790) 

b'.  Appropriations  by  General  Assembly. — Such  sums  as  may  be  ap- 
propriated for  the  benefit  of  the  "retired  teachers'  fund"  shall  be  turned 
over  to  the  State  Board  of  Education  and  deposited  as  aforesaid  with  the 
State  Treasurer  to  be  placed  to  the  credit  of  said  fund.     (Code,  Sec.  791) 

c'.  Legacies,  devises,  etc. — All  legacies,  bequests  and  funds  derived 
from  devises  for  the  benefit  of  the  teachers  under  this  chapter  shall  be  paid 
over  to  the  State  Board  of  Education  and  shall  be  by  it  transferred,  as  afore- 
said,  to  the  Treasurer  of  Virginia  to  be  placed  to  the  credit  of  the  fund  pro- 
vided for  in  sections  seven  hundred  and  ninety  or  seven  hundred  and 
ninety-three,  as   may  be  proper  to  carry  out  the  terms  of  the  gift. 

All  money  belonging  to  this  fund  from  whatever  source  derived  by  the 
ate  Eoard  of  Education  shall  be  paid  into  the  treasury  of  the  State 
through  the  office  and  upon  the  warrant  of  the  Second  Auditor  of  Vir- 
ginia.    (Code,  Sec.  792) 

<1'.  Permanent  endowment  provisions. — Any  person  in  either  class  re- 
tired under  this  chapter  shall  have  deducted  from  the  first  year's  pension 
an  amount  equal  to  thirty  per  centum  of  the  average  annual  salary 
rned  by  such  person  during  the  last  five  years  he  was  a  teacher  in 
this  State,  less  the  amounts  already  contributed  to  the  pension  fund  by 
such  person  retired. 

All  money  so  deducted  shall  be  used  to  create  a  permanent  endowment 
for  the  retirement  fund,  and  only  the  income  shall  be  used  in  paying  nen- 
sions  or  other  current  expenses.     (Code,  Sec.  789) 

(6)  How  teachers  may  be  re-instated  to  pension  list.— Any  person  so 
removed  from  the  retired  teachers'  list  or  who  voluntarily  retires  there- 

SZ  n  7  bC   [f t0red  ,to  ':aid  Hst  at  an^  time'   either  u»der  class  A   or 
class    {.,  by  making ;  application  on  forms  prepared  for  that  purpose  bv  the 

Superintendent  of  Public  Instruction  without  regard  to  the  number  of  years 

he  may  have  taught  since  July  first,  nineteen  hundred  and erght    if  dhi 

wise  eligible  under  the  provisions  of  this  chapter.      (Code,  Sec  .803) 

(7)  Certificate   rights   restored. — In  case  anv  npmn  ™  +i,~       *.-     j 

(8)  Money   restored  when  teachers  are  remover}   f>-n™   u«t      t 

case  in  which  anv  person  is  removed  fro™  +L  IZ°  a  1  }(T  "?*•— ^  any 
the  terms  of  this  chapter  there  shall  I ?™^ \  wd  [eachers  ^  under 
money  which  he  has*  pticMnto  tf  ^t^S)™^-^*  « 
centum  interest,  less  any  amount  or  amounts  thai :  m-v  T  \  ^^ 
him  out  of  the   retired   teachers'  fund    «Su     I  y  have  been  Paid  to 

retired  teachers'  list.     (Code    Sec.  805)  name   remained   on   said 


Virginia  School  Laws  49 

(9)  Investment  fund. — The  State  Board  of  Education  shall  be  per- 
mitted to  invest  the  capital  and  unappropriated  income  of  the  said  "retired 
teachers'  fund,"  as  provided  in  section  six  hundred  and  fourteen,  with  all  the 
powers  of  investment  or  reinvestment  granted  by  said  section.  And  all 
securities  belonging  to  said  fund  shall  be  deposited  with  the  Second 
Auditor  for  safe  keeping,  who  shall  return  with  his  annual  report  a  list 
thereof  with  a  statement  of  their  value.  Only  the  income  of  the  funds 
received  and  invested  under  this  section  shall  be  used  in  paying  pensions 
or  other  current  expenses.     (Code,  Sec.  793) 

(10)  Accounts;  bonds. — The  State  Board  of  Education  shall  see  that 
proper  arrangements  are  made  for  keeping  an  accurate  account  of  all 
moneys  received,  invested  or  disbursed  under  this  chapter,  and  the  Super- 
intendent of  Public  Instruction  shall  include  a  full  statement  of  all  the 
transactions  of  said  fund  in  his  annual  or  his  biennial  report.  The  State 
Board  of  Education  shall  require  proper  and  sufficient  bonds  from  the 
person,  or  persons,  charged  with  the  management  or  custody  *of  said 
funds,  except  in  the  cases  of  the  State  Treasurer  and  Second  Auditor 
whose  official  bonds  shall  cover  the  said  funds,  for  the  proper  application 
of  which  they  and  the  sureties  on  their  official  bonds  shall  be  liable. 
(Code,  Sec.  795) 

(11)  What  pensions  to  be  paid. — The  State  Board  of  Education  shall 
quarterly,  on  the  first  day  of  January,  April,  July  and  October  of  each 
year,  issue  its  warrant  on  said  fund,  signed  by  the  president  and  secre- 
tary of  said  board,  for  the  benefit  of  each  person  whose  name  has  been 
placed  on  said  list  for  the  quarter  immediately  preceding  the  time  of  pay- 
ment for  a  sum  equal  to  one-eighth  of  the  average  annual  salary  earned 
by  such  person  during  the  last  five  years  he  was  a  teacher  in  the  public 
schools  of  this  State.  The  Second  Auditor  shall  issue  his  warrants  to  said 
persons  accordingly.  In  no  event,  however,  shall  any  quarterly  pension 
exceed  the  sum  of  one  hundred  dollars;  but,  any  person  whose  average 
annual  salary  during  the  last  five  years  he  was  a  teacher  in  the  public 
schools  of  this  State  equaled  or  exceeded  one  thousand  dollars,  may  re- 
ceive as  a  quarterly  pension  as  much  as  one  hundred  and  twenty-five  dol- 
lars. In  the  event  that  the  available  funds  shall,  in  the  judgment  of  the 
State  Board  of  Education,  upon  a  prudent  and  equitable  appropriation  of 
the  same  for  any  quarter  be  insufficient  to  pay  all  pensions  due  for  the 
quarter  to  the  full  amount  thereof,  then  the  same  shall  be  paid  pro  rata 
according  to  the  amount  of  money  that  is  available,  as  aforesaid.  (Code 
Sec.  794) 

(12)  State  Board  to  make  rules. — The  State  Board  of  Education  is 
authorized  to  make  such  further  rules  and  regulations  as  are  necessary 
to  carry  out  the  purposes  of  this  chapter.     (Code,  Sec.  800) 

10.    Elementary  Schools. 

a.  In  every  public  free  school  shall  be  taught  orthography,  reading, 
writing,  arithmetic,  grammar,  geography,  physiology,  and  hygiene,  civil 
government,  drawing,  history  of  the  United  States,  and  history  of  Virginia 
In  teaching  physiology  and  hygiene  approved  text-books  shall  be  used 
plainly  setting  forth  the  effects  of  alcohol  and  other  narcotics  on  the  human 
system,  and  such  effects  shall  be  as  fully  and  thoroughly  taught  as  are 
other  branches  of  the  said  last  named  subjects.  Each  teacher  shall  devote 
not  less  than  thirty  minutes  in  each  month  of  the  school  session  instructing 
the  pupils  therein  as  to  ways  and  means  of  proper  observations  so  as  to 
prevent  accidents.     Provision  shall  further  be  made  for  moral  education  in 


50  Bulletin  State  Board  of  Education 


the  public  schools  to  be  extended  throughout  the  entire  course  Such  in- 
struction shall  be  imparted  by  reading  books  and  text-booKS  inculcating  the 
virtues  of  a  pure  and  noble  life.  The  text-books  shall  be  selected  as  are 
other  text-books  by  the  State  Board  of  Education.     (Code,  Sec.  702) 

b  Graded  schools  to  be  given  preference.— In  all  localities  where 
the  number  of  children  is  sufficient,  preference  shall  be  given  under  suit- 
able regulations,  to  the  establishment  of  graded  schools.     (Code,  Sec.  699) 

11.     High  Schools. 

a.  It  shall  be  lawful  for  any  district  school  board  or  district   school 
irds  in  the  same  county,  or  the  school  boards  of  two  or  more  districts 

in  adjoining  counties,  to  establish  and  maintain  a  public  high  school  at  such 
place  as  may  be  both  most  convenient  for  the  pupils  to  attend  and  most 
conducive  to  the  purposes  of  such  school;  provided,  the  establishment  of 
such  high  school  or  the  teaching  of  high  school  branches  shall  not  be 
allowed  to  interfere  with  the  regular  ard  efficient  instruction  in  the  ele- 
mentary branches. 

b.  A  high  school  may  be  conducted  either  in  a  separate  building  or 
in  the  same  building  in  which  elementary  grades  are  taught. 

c.  The  State  Board  of  Education  shall  prescribe  rules  and  regulations 
governing  the  conduct  of  the  high  school  and  shall  prescribe  also  re- 
quirements for  admission  and  the  conditions  on  which  properly  prepared 
pupils  may  attend  said  high  school. 

(I.  Any  school  district  not  actually  conducting  a  high  school,  but  pay- 
ing tuition  for  their  high  school  pupils  in  high  schools  in  other  districts' 
counties,  or  cities,  may  in  the  discretion  of  the  State  Board  of  Education 
be  permitted  to  share  in  the  high  school  fund. 

e.  The  State  Board  of  Education  shall  provide  for  the  inspection  of 
high  schools  by  a  competent  person  or  persons,  and  shall  see  to  it  that  the 
high  schools  prescribe  to  standards  prescribed  by  the  State  Board  of 
E  lucation. 

I*.  The  State  Board  of  Education,  under  proper  regulations,  shall 
encourage  the  establishment  and  maintenance  of  high  schools  in  the  counties 
and  cities  of  the  State  by  the  use  of  whatever  State  appropriation  that  may 
be  made  for  high  school  purposes;  provided,  that  no  appropriation  to  any 
high  school  shall  be  made  unless  the  elementary  grades  of  the  district  or 
county  or  city  have  been  maintained  for  an  average  term  of  at  least 
eight  months;  or  a  term  satisfactory  to  the  State  Board  of  Education 
based  upon  good  and  sufficient  reasons;  provided,  also  that  the  school  board 
of  the  district,  county,  or  city,  shall,  from  local  funds,  appropriate  for 
the  maintenance  of  such  high  schools  an  amount  equal  at  least  to  fifty  per 
I  um  more  than  the  State  appropriated. 

g.  No  teacher  shall  be  employed  in  high  school  instruction  whose 
qualifications  do  not  meet  the  standards  set  up  by  the  State  Board  of  Edu- 
cation. 

h.  The  State  board  shall  appropriate  out  of  the  high  school  fund  to  the 
standard  four  year  high  schools  an  amount  not  to  exceed  one  thousand  dol- 
lars, and  to  the  two-year  high  schools  organized  according  to  plans 
prepared  by  the  State  Board  of  Education  for  junior  high  schools  an  amount 
not   to  exceed  eight  hundred  dollars. 


'Virginia  School  Latvs  51 

i.  Any  appropriation  which  may  be  provided  by  law  for  high  schools 
shall  be  paid  out  of  any  money  in  the  State  treasury  not  otherwise  ap- 
propriated, which  amount,  upon  the  request  of  the  State  Board  of  Edu- 
cation, filed  with  the  Auditor  of  Public  Accounts,  shall  be  turned  over  by  the 
Auditor  of  Public  Accounts  to  the  Second  Auditor,  and  shall  be  used  ex- 
clusively for  the  support  of  public  high  schools. 

-  j.  The  State  Board  of  Education  shall  have  power  to  make  such  rules 
and  regulations  as  may  be  necessary  for  the  proper  distribution  of  this 
fund,  which  fund  shall  be  paid  out  on  warrants  drawn  by  the  State  Board 
of  Education  upon  the  Second  Auditor. 

k.  The  district  school  boards  are  authorized  to  charge,  under  regula- 
tions to  be  prescribed  by  the  State  Board  of  Education,  tuition  for  pupils 
attending  high  schools,  said  tuition  in  no  case  to  exceed  the  actual  per 
capita  cost  for  instruction  and  maintenance  in  the  high  school  department. 
(Acts  1920,  pages  60  and  61,  amending  Code,  Sections  703  and  repealing 
Sec  704-718,  inclusive) 

1.     High    school    subjects   may    be    taught    in    primary   schools. — Be    it 

enacted  by  the  General  Assembly  of  Virginia,  that  it  shall  be  lawful  within 
the  discretion  of  the  district  board  or  division  superintendent,  to  teach 
high  school  subjects  in  two,  three  and  four  room  schools,  when  such  schools 
are  not  less  than  two  miles  distant  from  any  high  school  building,  pro- 
vided the  consent  of  the  State  Board  of  Education  shall  have  been  first 
obtained  as  to  any  such  school. 

All  regulations  and  parts  thereof  in  conflict  with  this  act  are  hereby 
repealed.     (Acts  1918,  Chap.  295,  page  471) 

m.  Minimum  Requirements — Standard  High  Schools — Effective  from 
and  after  July  1,  1919. 

(1)  Organization: 

a'.     The  length  of  the  high  school  term  shall  be  at  least  nine  months. 

b'.  The  elementary  grades  taught  in  connection  with  the  high  school  de- 
partment  must   have   a   term   of   not   less    than    nine    months. 

c'.  The  elementarl  school  in  the  district  in  which  the  high  school  is 
located  (a)  should  have  a  term  of  nine  months;  (b)  must  have  a  term  of  at 
least   seven  months. 

d'.  A  permanent  record  of  the  work  done  by  each  pupil  in  the  high  school 
shall  be  kept  on  forms  supplied  by  the  State  Board  of  Education,  unless  per- 
mission is  given  by  the  Supervisor  of  High  Schools  to  the  individual  school 
to   use   some  other   form. 

e'.  A  minimum  of  two  periods  (eighty  minutes)  each  day  must  be  given 
by  the  principal  of  the  high  school  to  the  supervision  of  the  work  done  in 
the  school  by  other  teachers,  whether  in  the  high  school,  or  the  elementary 
giades   taught   in    connection    with    the   high    school. 

1".  An  enrollment  of  not  less  than  thirty-five  pupils  must  be  maintained 
in  the  High  School  Department  provided,  however,  that  this  regulation  may 
be  waived  by  the  Supervisor  of  High  Schools,  when,  after  a  personal  inspec- 
tion,   conditions    may   be    found    to    justify    such    exceptions. 

g'.  Each  high  school,  in  order  that  the  work  done  may  be  properly  evalu- 
ated and  certified  by  the  State  Board  of  Education,  must  submit  to  the  Super- 
visor of  High  Schools  promptly  such  reports  and  records  as  may  be  found 
necessary. 

(2)  Teaching  Force: 

a'.  At  least  three  teachers,  including  the  principal,  provided  he  teach  as 
many  as  four  periods  of  forth  minutes  each  per  day,  must  give  their  entire 
time  to  high  school  work;  however,  divided  time  may  be  allowed  as  a  sub- 
stitute for  whole  time,  provided  the  total  amount  of  time  devoted  to  high 
school  instruction  by  divided  time  teachers  is  equivalent  to  the  full  time  of 
three  teachers. 


52  Bulletin  State  Board  of  Education 


b'.  Every  teacher  doing'  high  school  work  must  hold  one  of  the  following 
certificates:  (a)  Collegiate  Professional;  (b)  Collegiate;  (c)  Normal  Profes- 
sional*;  (d)  Special  for  High  School  Subjects. 

\'<>   high   school    teacher   may   teach   more   than   thirty  class  periods  per 

■  k.      A  desirable   maximum    for   each   teacher    is   twenty-five  periods. 

d'.     Xo   teacher   of   the   elementary   grades   taught    in    connection    with    the 

high  school  shall  hold  a  certificate  rated  lower  than  a  First  Grade  Certificate. 

e'.      There   must    he   -it    least    three   teachers   giving  all    of  their   time   to   the 

teaching  of  the  elementary  grades  taught  in   connection  with   the  high  school 

rtment,    provided    the   enrollment    in   the   elementary    grades    does    not   ex- 

ceed    one    hundred    and    five    pupils;    when    the    anrollment    in    the    elementary 

grades  exceeds  one  hundred  and  five  pupils,  and  the  teaching  force  is  not  suffi- 

cient    to   provide   one    teacher    for    each    grade,   there   shall    be   one   teacher    for 

each    thirty-live    pupils    or    fraction    thereof   of   the   enrollment. 

(3)     Program  of  Studies: 

a',  'l'ln  program  of  studies  for  each  high  school  must  be  submitted  to  the 
Supervisor  of  High  Schools  at  the  beginning  of  the  term  in  the  fall,  and  must 
be  approved  by  him. 

b'.  Similar  approval  must  be  secured  tor  any  changes  in  the  program 
of    studies    during    the    school    year. 

c'.  Sixteen  units  of  work  shall  he  required  of  each  high  school  pupil  for 
graduation.  (A  unit  means  a  recitation  period  of  at  least  forty  minutes,  five 
inues   a    week,   for  at  least    thirty-six  weeks,  devoted  to  the  completion  of  an 

gned    am..unt    of    subject   matter.) 

d'.  School  boards  may  require  a  maximum  of  eighteen  units  for  gradua- 
tion in  accredited  high  schools,  when  the  program  of  studies  provides  unit 
m  Music,  Physical  Education  (or  Military  Drill),  Home  Economics, 
Manual  Arts,  and  Drawing  or  Fine  Arts,  from  which  courses  pupils  must  be 
a  Unwed  to  elect,  if  they  choose  to  do  so,  two  or  more  of  the  required  eighteen 
units.  In  rural  and  small  town  high  schools,  it  shall  not  be  necessary  to 
provide  courses  in  all  of  the  above-mentioned  units  in  order  to  require  as 
many  as  two  additional  subjects  for  graduation,  but  the  additional  units 
may  be  required  when  the  rural  or  small  town  high  school  requires  that  these 
tun   additional   units   be  selected  from  home  projects   in  Agriculture,  Domestic 

rice.  Music,  c  Studv  of  the  Bible.  The  Supervisor  of  Hierh  Schools  shall 
determine  when  the  program  of  studies  of  a  given  high  school  meets  the 
above   conditions. 

The    sixteen    units    required    of   all    graduates    shall    be   distributed   as 
follows: 

English   1 

Mathematics    (for   non- vocational   courses)* 2 

History     (American     History    and    Civics) 1 

Scienci  (Agriculture  with  Laboratory  for  rural  schools, 
and  Home  Economics  for  girls,  recommended,  pro- 
vided a  teacher  of  appropriate  qualifications  be  se- 
cured)          1 

Electives    8 

Total    16 

i".      Instruction    .-ball    b  n    in    no    foreign    language    for   less   than    two 

Students    nol    planning   to    enter   higher    institutions    of    learning   must 

not   be  Required  to  devote  more  than  two  years  of  study  to  a  foreign  language; 

tiny    may    elect,    however,  to    pursue   more   than   two   years'    study  of   a    foreign 

language. 

(4)     Equipment: 

No   school   shall   i>.    accredited   when     in    the  opinion   of  the  Supervisor 

i.f    High    Schools,    physical   conditions  of  the   building  and   equipment   are   such 

the    health    of    the    pupils    or    to    interfere    with    efficient    in- 

Btruction.     (I'm      tandards  by  which  the  building  and  equipment  will  be  meas- 

ured,     ••  ami         of   tb,-   Virginia   School   Law.) 

Ample  laboratory  equipment  ami  Laboratory  instruction  must  be  nro- 
vlded    for   all    sciences   involving  the   use  of  a  laboratory. 

•If  issued  after   February  1.  1918    entitles  the  holder  to  teach  any  subjects 
"'    ""     "|M    ,u  and    those   subjects    in   the    third    and    fourth    years    in 

which    the    holder    ol    the    .ertificate    has    h«d    two    years'    normal    school    in- 


Virginia  School  Laivs  53 

c'.  Laboratory  equipment  .sufficient  for  instruction  in  two  subjects  in 
science  must  be  provided.  (Domestic  Science  or  Shop  Work  in  Manual 
Arts   may   be   included   as   one  of   these   subjects.) 

d'.  Each  high  school  must  provide  a  school  library  for  general  reading 
matter  and  reference  material  sufficient  to  offer  opportunities  for  individual 
reference  work  and  home  reading  for  the  students.  A  list  of  such  books  is 
to  be  approved  by  the  Supervisor  of  High  Schools.      (State  Board  Regulation) 

n.  Minimum  Requirements — Junior  High  Schools:  Effective  on  and 
after  July  1,  1919. 

(1)  The  Junior  High  School  shall  embrace,  and  organize  on  a  depart- 
mental   basis,    the   seventh,    eighth,    and    ninth    grades. 

(2)  The  Junior  High  School  shall  have  at  least  two  teachers  for  the  first 
six  elementary  grades — three  being  recommended — when  the  elementary  grades 
are  taught  in  connection  with  the  Junior  High  School,  and  at  least  two  teachers 
for  the  seventh,  eighth,  and  ninth   grades. 

(3)  The  teachers  in  the  Junior  High  School  grades  shall  hold  one  of 
the  following  certificates: 

(a')      Collegiate  Professional; 

(b')      Collegiate; 

(c')      Normal   School   Professional; 

(d')      Special    for    High    School    Subjects. 

(4)  The  combined  teaching  force  of  the  Junior  High  School  must  be  quali- 
fied to  provide  instruction,  among  other  subjects,  in  Home  Economics,  Agri- 
culture, Physical   Education,  and  Music. 

(5)  The  length  of  the  term  shall  be  at  least  nine  months  in  both  ele- 
mentary and  Junior  High  School  grades;  provided  however,  when  excep- 
tional conditions  justify  it,  the  Supervisor  of  High  Schools,  after  a  personal 
examination  of  these  conditions,  may  permit  the  individual  school  to  main- 
tain a  shorter  term,  provided  it  is  not  less  than   eight  months. 

(fi)      The  equipment  for  a  Rural  Junion  High  School  must  include; 

(a')      A   library   of   suitable   general   reading   and  reference   material, 
(b')      Laboratory    equipment    for    instruction    in    General    Science    and 

Agriculture. 
'<■')      Shop  equipment   for  Manual  Arts  training  in   woodwork,  at  least 
)      Equipment    lor    instruction    in    Cooking,    Sewing,    and    a    general 
Home-making  Course. 
(7)      The        gram  of  studies  to  be  taught  in  such  schools  is  to  be  outlined 
and  supervised  '    detail  by  the  Supervisor  of  High  Schools. 

,    ,,(8)  J^,t  ^foam   of  studies   for   the   Rural   Junior    High   School   shall   in- 
clude,  among   ""^nbjects,   the   following: 

(b')      The  Sod      stu<iieS; 

(C)      HomeCEcon8.eral  Science.  Agriculture   (or  Economic  Geography) 
(d')      Manual    Arts.'os- 
(e')      Mathematics: 

a'.   Common    Ai 

c:"  Imple^BotSSJt^c    (Applied   to   the   Farm.) 
d".   Algebra.  .'n£    and    Farm    Accounting. 

(f)      Music   Appreciation   and  Sin-in- 

<g')      Physical    Education.  Xorus   femDin0. 

(9)      The   building   in   which   the   JunK  taught   must   pro- 

vide   at    least    four    class-rooms    and    suitab^  B  laboratory    work    in 

General    Science,    Agriculture.    Home    Econom        Qnd    Manual    Arts 

Note.— Consult  the  Supervisor  of  High  »<V>is  ^ncerniiiB  state  appro- 
priations and  detailed  specifications  for  laboraVries  au.  |aborato. ,  ,„„ip_ 
ment.      (State  Board  Regulation) 

12.     Pupils. 

a.     Who  May  be  Admitted  to  Public  Schools: 

U)     The  public  free  schools  shall  be  free  to  ail  persons  between  the 

ages    of   seven   and   twenty   years   residing  within   the    school   district   and 

*The  larger  schools,  with  sufficient  teaching  force  and  equipment    may^ub-^ 

^e^onSoHuSec^d  tl^1  su^^r  STEfi  ^fhav^uthority    to    ap- 

prove   such   provisions. 


54  Bulletin  State  Board  of  Education 


persons  six  years  of  age  may  be  admitted  to  primary  grades  and  persons 
under   -ix    years   of  age   to   such  kindergartens   as   may  be   established  by 
local  school  authorities  and  operated  as  a  part  of  the  public  school  system, 
but   such   kindergartens   shall   not   be   entitled   to    participate   in   the    State 
school  fund,  but  shall  be  supported  by  the  local  authorities  at  their  option. 
I '.ut   whenever  a   school    is  so   situated  in  one  district  that  it  is,  with  the 
approval    of  the  division   superintendent,   attended   by   children   of   another 
district     the   board   of  the  district  other  than  that  in  which  the   school   is 
located  shall,  in  the  absence  of  agreement  or  when  no  agreement  can  be 
reached,  pay  for  each  child  to  the  district  in  which  the  school  is  located 
the  cost  of  education  per   pupil  enrolled,  to  be  determined  by  the  division 
superintendent  of  schools,  with  right  of  appeal  by  any  person  interested, 
or  either  of  the  district  school   boards,  either  with   reference  to   the   pro- 
priety  of  said  attendance  by  children  of  another  district  or  the  cost  of  edu- 
tion   as   aforesaid,  within   ninety   days;   that  said   appeal   to  be   made   in 
writing  to  the  school   trustee  electoral  board   of  the  county   in  which  the 
school  is  located;  and  the  State  Board  of  Education  shall  have  power  and 
it  shall  be  its  duty  to  make  regulations  whereby  the  children  of  one  district 
may  attend  school  in  an  adjoining  district,  out  of  the  county  or  an  adjoin- 
ing city;  provided  that  white  and  colored  persons  shall  not  be  taught  in  the 
same    school,    but    shall    be    taught    in    separate    schools,    under    the    same 
general    regulations    as    to   management,   usefulness    and    efficiency.     (Acts 
of  Assembly  1920,  page  59).     (Amending  Code,  Sec.  719) 

(2)      Qualifications  of  preceding  section: 

First.  Any  person  domiciled  in  this  State  who  is  a  resident  of  ^ 
nonl  district  of  the  State  may  send  his  children  to  any  public  free 
school  in  any  other  school  district  of  the  State  upon  such  ter.'^  and 
conditions  as  may  be  prescribed  by  the  school  board  of  the  'said  last 
mentioned  school  district,  and  any  guardian  domiciled  in  t,iS  State  as 
aforesaid,  for  his  ward  or  wards,  shall  be  entitled  to  the  ame  PriviIege 
for  them  if  they  are  domiciled  in  Virginia,  which  sai-',  .  ms  aml  con" 
ditions  shall  be  complied  with  by  the  school  district  '  wmch  said  parent 
or  guardian  resides;  provided  that  the  said  school  ,istnct  m  which  said 
parent  or  guardian  resides  shall  have  the  right  .  appeal  to  the  school 
trustee  electoral  board  of  the  county  in  whir,"  sfld  district  is  situated, 
which    said    school    trustee    electoral    board    '  decide    finally    what    are 

just  and  proper  terms  and  conditions  in  ej*1  case;  a"d  Provided,  further, 
that  children  whose  parents  or  guardiar  d.°  not  reside  in  a  city  shall  be 
received  into  the  public  schools  of  g-  n  ,citf  °nl>r  uP°n  such  terms  and 
conditions  as  may  be  prescribed  by,  school  board  thereof,  subject  to  an 
appeal  to  the  State  Board  of  *  V?,  ,  on»  but  the  Provisions  of  this 
etioa  shall  not  apply  to  indi- ''  cn.lIdren,  and  children  living  with  and 
entirely  supported  bv  residor,'  °*  /aid  district  shall  be  admitted  to  the 
the   public   f>oc  .schools  **    tKl   dlstrict  as   if  they  were  children   of  said 

,,.  ?e"§gj  .  'k6  sch°o' board  of  any  district  bordering  on  another  State 
which  <*«nts  the  same  pnvi  eee  to  thp  9rito  «f  \n     ■    ■  .er  ^ate 

o^.on,  admit  into    I     £noo       fLJ n  •  t„it-  VirS»»a  may,  in  its  dis- 

fog  beyond   the    Lite  of  this  star*    w        '  P£8°nS  °f  Sch°o1  age  resid" 
"'<-  Paj  ^er'nAhe^d^Sct       *'**  theret°'  if  their  *arent  or 

™ldence^teTpttbLTeSs  St  8ch?°1  in  ,the  district  ™«*  to 
schop]  board  m^%9^e^^^fr^J«^  by  the  district 
(Code,   Sec   720)  regulations  of  the  State  Board  of  Education. 


Virginia  School  Laws  55 


b.  Provision  for  persons  other  than  those  of  school  age: 

(1)  Between  twenty  and  twenty-five. — Any  board  of  district  school 
trustees  may,  in  its  discretion,  admit  as  pupils  into  any  of  the  public  free 
schools  of  its  district,  persons  between  tKo  age  of  twenty  and  twenty-five 
years  on  the  prepayment  of  tuition  fees,  under  i<~s.iiations  to  be  prescribed 
by  the  State  Board  of  Education,  provided,  the  admission  0f  SUch  pupils 
will  not,  in  the  opinion  of  the  district  board,  impair  the  useiuimOSS  an(} 
efficiency  of  such  school. 

(2)  Regardless  of  age  if  in  night  schools. — And  the  board  of  district 
school  trustees  in  districts  where  day  schools  are  conducted  for  eight 
or  more  months  each  year  may,  in  its  discretion,  and  by  and  with  the 
consent  of  the  State  Board  of  Education,  and  under  rules  and  regulations 
to  be  prescribed  by  said  State  Board  of  Education,  establish  and  conduct 
night  schools  to  which  may  be  admitted  pupils  regardless  of  their  age; 
but  no  such  schools  shall  be  established  or  conducted  except  in  cases 
where,  in  the  opinion  of  the  said  State  Board  of  Education,  the  usefulness 
and  efficiency  of  the  day  schools  would  not  be  impaired  therebv.  (Code. 
Sec.  721) 

c.  Minimum  required  for  a  school. — A  minimum  number  of  pupils, 
under  regulations  to  be  prescribed  by  the  State  Board  of  Education,  shall 
be  required  in  cider  to  form  a  public  free  school.     (Code,  Sec.  723) 

d.  Required  enrollment: 

An  enrollment  of  at  least  twenty  pupils,  with  reasonable  assurance  of  an 
average  daily  attendance  of  that  number,  is  required  to  constitute  a  public  free 
school,  and  no  public  school  shall  be  established  or  continued  until  this  con- 
dition is  complied  with;  but  boards  of  trustees,  when  satisfied  that  there  is 
not  a  sufficient  number  of  children  in  anv  school  neighborhood  to  entitle  them 
to  a  school  under  this  regulation,  and  that  the  geography  of  the  district  is 
such  that,  no  judicious  rearrangement  of  the  several  schools  can  be  so  made 
as  to  furnish  the  minorities  proper  school  facilities,  may  certify  a  statement 
of  the  case,  with  a  diagram  of  the  section  to  be  accommodated  to  the  division 
superintendent,  who  shall  forthwith  visit  the  section  in  question,  and  if  he 
finds  that  the  statements  made  are  correct,  and  that  the  neighboring-  schools 
are  judiciously  located  and  cannot  be  so  arranged  as  to  furnish  the  minorities 
fair  school  facilities,  he  may  authorize  the  board  of  trustees  to  reduce  the 
average  attendance  of  such  school  to  fifteen.  In  cases  where  the  average 
attendance  is  reduced  by  reason  of  a  factious  spirit  on  the  part  of  one  or  a 
few  people,  or  in  consequence  of  the  proper  or  necessary  exercise  of  discip- 
line, prevalence  of  contagious  diseases,  or  lack  of  proper  supply  of  text-books, 
the  district  board  may  continue  such  schools,  if  they  deem  it  advisable  to 
do  so;  provided,  that  all  such  cases  shall  be  reported  to  the  division  superin- 
tendent and  be  approved   in  writing  by   him.      (State   Board   Regulation) 

e.  State  Superintendent  may  permit  enrollment  of  ten: 

But  in  special  cases  the  Superintendent  of  Public  Instruction,  in  his  dis- 
cretion, may,  on  the  recommendation  of  the  division  superintendent,  order 
such  a  school  opened  where  an  average  of  ten  can  be  maintained.  (State 
Board   Regulation) 

f.  Sight   and   hearing  of  pupils  in    public   schools   to  be   tested. — The 

Superintendent  of  Public  Instruction  shall  prepare  or  cause  to  be  prepared, 
upon  the  advice  and  approval  of  the  State  Board  of  Health,  suitable  test 
cards,  blanks,  record  books,  and  other  needful  appliances,  to  be  used  in 
testing  the  sight  and  hearing  of  the  pupils  in  the  public  schools,  and  shall 
also  obtain  necessary  instructions  for  the  use  thereof;  and  shall  furnish 
the  same  free  of  expense  to  all  the  schools  of  the  State,  upon  request  of 
the  school  board  of  any  county  or  city,  accompanied  with  the  statement  from 
the  clerk  thereof  that  the  said  board  had  by  resolution  adopted  the  use  of 
said  test  cards,  blanks,  et  cetera,  and  had  directed  the  use  thereof  in  schools 
under  their  charge,  and  within  fifteen  days  after  the  beginning  of  the  term, 


56  Bulletin  State  Board  of  Education 


or  after  receiving  the  said  test  cards,  et  cetera,  the  principal  or  teacher  in 
all  said  schools  shall  test  the  sight  and  hearing  of  all  the  pupils  under  their 
charge,  and  keep  a  record  of  such  examinations  in  accordance  with  instruc- 
tions furnished,  and  whenever  a  pupil  i»  ^und  to  have  any  defect  of; vision 
or  hearing,  or  disease  of  th»  eyes  or  ears  he  shall  forthwith  notify  the 
parent  or  guardian,  i"  -^tmg,  of  said  defect,  with  a  brief  statement  thereof 
V(    .,  ,;.j  reports  shall  be  preserved  for  the  use  of  the  Superintendent 

0f  puJMic  Instruction,  as  he  may  require.     (Code,  Sec.  724) 

g.  Physical  training  and  health  instruction  provided  for. — Be  it  enacted 
hy  the  General  Assembly  of  Virginia,  That  the  board  of  supervisors  oi  tht 
several  counties  and  the  councils  or  other  governing  bodies  of  the  several 
cities  and  towns  be,  and  they  are  hereby  authorized  to  make  appropria- 
tions out  of  the  county,  city  or  town  funds,  as  the  case  may  be,  to  provide 
for  the  health  examination  and  physical  education  of  school  children  and  the 
employment  of  school  nurses,  physicians  and  physical  directors,  and  such 
appropriations  shall  be  placed  to  credit  of  the  county  or  city,  or  town  school 
board.  Previous  to  employment,  all  said  nurses,  physicians,  or  physical  di- 
rectors shall  be  approved  by  the  Health  Commissioner  of  the  Commonwealth 
and  the  State  Superintendent  of  Public  Instruction. 

(1)  That  an  amount  not  exceeding  one-half  of  the  annual  salary  of 
each  physical  director  appointed  in  accordance  with  section  one  of  this  act 
may  he  paid  by  the  State  Board  of  Education  to  the  local  school  trustees 
employing  such  physical  director,  and  an  amount  not  to  exceed  one-half  of 
the  annual  salary  of  each  nurse  or  physician  appointed  in  accordance  with 
section  one  of  this  act  may  be  paid  by  the  State  Board  of  Health  to  the 
local   school  trustees  employing  such  nurse  or  physician. 

(2)  That  after  the  first  day  of  September,  nineteen  hundred  and 
twenty,  all  pupils,  in  all  the  public  elementary  and  high  schools  of  the  State 
shall  receive  as  part  of  the  educational  program  such  examination,  health 
instruction,  and  physical  training  as  shall  be  prescribed  by  the  State  Board 
of  Kilucation  and  approved  by  the  State  Board  of  Health,  in  conformity 
with  the  provisions  of  this  act. 

(3)  In  order  that  the  teachers  of  the  Commonwealth  shall  be  prepared 
for  health  examinations  and  physical  education  of  school  children,  every 
normal  school  of  the  State  is  hereby  required  to  give  a  course,  to  be  ap- 
proved by  the  Superintendent  of  Public  Instruction  and  the  State  Health 
Commissioner,  in  bealth  examinations  and  physical  education,  including  pre- 
ventive medicine,  physical  inspection,  health  instruction  and  physical  train- 
ing, upon  which  course  every  person  graduating  from  a  normal  school  must 
have  passed  a  satisfactory  examination,  and  every  normal  school  certificate 
shall,  therefore,  indicate  as  a  prerequisite  a  knowledge  of  preventive  medi- 
cine, physical  inspection,  health  instruction,  and  physical  training. 

(4)  The  State  Board  of  Education,  with  the' approval  of  .the  State 
Board  of  Health,  shall  establish  regulations  whereby  on  or  after  September, 
nineteen  hundred  and  twenty-five,  no  applicant  may  receive  a  certificate  to 
teach  in  the  schools  of  this  State  who  does  not  present,  first,  satisfactory 
evidence  of  having  covered  creditably  an  approved  course  in  general  physical 
education  in  a  training  school  or  course  for  teachers  recognized  by  the  State 
Board  of  Education  as  a  school  or  course  in  good  standing.  But  the  State 
Board  of  Education  may  modify  or  waive  entirely  the  requirements  of  this 
section  whenever  in  its  opinion  such  modification  or  waiver  is  necessary  to 
prevent  the  impairment  of  the  teaching  force  of  the  public  school  system. 

(5)  The  State  Board  of  Education,  with  the  approval  of  the  State 
Board  of  Health,  shall  appoint  a  supervisor  of  phvsical  education  qualified 
and  authorized  to  supervise  and  direct  a  program  of  hygienic  instruction 
and  physical  education  for  the  elementary,  secondary,  and  normal  schools 
of  the  State,  and  shall  appoint  such  other  employees  and   authorize  such 


Virginia  School  Laws  57 


expenses  for  personal  service,  printing,  and  so  on,  as  may  be  necessary  to 
the  proper  and  effective  administration  of  the  program  authorized  by  this 
act.      (Acts  1920.,  page  495). 

h.     Pupils  with  contagious  diseases  to  be  excluded  from  public  schools. — 

Persons  suffering  with  contagious  diseases  shall  be  excluded  from  the  public 
free  schools  while  in  that  condition.  Every  teacher  and  pupil  shall,  within 
ten  days  after  entering  a  public  free  school,  furnish  a  certificate  from  a 
reputable  physician  certifying  that  such  teacher  or  pupil  has  been  success- 
fully vaccinated,  or  is  entitled  to  exemption  by  reason  of  peculiar  physical 
condition;  but  nothing  in  this  section  shall  preclude  a  school  board  from 
requiring  immediate  vaccination  in  case  of  an  epidemic  of  smallpox,  or  the 
annual  revaccination  of  those  who  have  not  furnished  certificates  of  proper 
vaccination.  The  operation  of  so  much  of  this  section  as  concerns  vaccina- 
tion may  be  suspended  in  whole  or  in  part  by  the  school  board  of  any 
city  or  county.     (Code,  Sec.  1529) 

i.  Compulsory  vaccination  free  to  poor. — The  council  of  any  city  or 
town  and  the  board  of  supervisors  of  any  county,  when  in  their  judgment 
occasion  requires,  may  cause  persons  residing  within  the  limits  of  such  city, 
town,  or  county  to  be  vaccinated  with  genuine  vaccine  matter;  and  the  coun- 
cil of  any  city  or  town  and  the  board  of  supervisors  of  any  county  may  en- 
force obedience  to  its  ordinance  or  orders,  as  the  case  may  be,  by  fixing 
fines  and  penalties  for  the  violation  of  said  ordinance  or  orders.  Should 
any  person,  including  children  who  attend  the  public  schools,  be  unable  to 
pay  for  vaccination  such  person  shall  be  vaccinated  with  genuine  vaccine 
matter  at  the  cost  and  expense  of  the  city,  town,  or  county,  and  provision 
shall  he  made  therefor  by  the  council  of  the  city  or  town  or  by  the  board 
of  supervisors  of  the  county.     (Code,  Sec.  1530) 

j.    Persons  unable  to  claim  benefits  of  public  school  may  be  admitted: 

Ir  order  to  extend  educational  privileges  to  persons  unable  to  avail  them- 
selves of  the    full   benefits   of   the   public   schools — 

(1)  Any  district  board  may,  in  its  discretion,  and  upon  such  terms  and 
conditions  as  the  division  superintendents  may  approve,  admit  such  persons 
into  my  of  the  schools  of  the  district,  provided  their  admission  will  not, 
in  th(  opinion  of  the  board  and  the  superintendent,  impair  the  usefulness  and 
efficiency  of  the  schools.  No  such  person  shall  be  retained  in  any  school  to 
the  detriment  of  the  school  or  any  of  its  pupils,  or  to  the  exclusion  from  the 
scho)l   of  any   child   between    the   ages   of   seven   and   twenty   years. 

.2)  Any  district  board  may  establish  and  conduct  night  or  evening 
schools  or  classes  as  provided  by  section  102  of  school  law,  upon  such  terms 
and  conditions   as   the   division   superintendent   may   approve. 

fcvery  person  received  into  the  public  schools  in  accordance  with  the  pro- 
visions of  this  regulation  shall  submit  to  the  regulations  of  the  school  and 
to  tie  authority  of  the  teacher  in  like  manner  as  other  pupils.  (State  Board 
Regilation) 

k.     Pupils  may  be  admitted  regardless  of  dividing  lines: 

Pupils  may  in  all  cases  be  admitted  into  the  high  schools  or  graded 
schols  of  more  than  one  tencher  by  the  authorities  thereof  without  refer - 
ene  to  the  dividing  lines  of  districts  or  counties,  unless  forbidden  by  act 
of  Assembly.  In  this  and  in  all  other  cases  where  pupils  attend  schools  out- 
side;of  their  own  districts  in  accordance  with  these  regulations,  the  rate  of 
tuitDn  to  be  charged  by  the  district  receiving  the  pupil  against  the  district 
to  ^!hich  the  pupil  belongs,  shall  be  a  matter  of  previous  agreement  between 
the  ichool  boards  of  the  two  districts  concerned.      (State  Board  Regulation) 

Mixed  schools  prohibited. — (Sec.  140,  Constitution  of  Virginia.)    (See 
sectbn  9,   page   8,  this  volume) 

Who  is  considered  a  colored  person. — Every  person  having  one-six- 
teenh  or  more  of  negro  blood  shall  be  deemed  a  colored  person,  and  every 
persn  not  a  colored  person  having1  one-fourth  or  more  of  Indian  blood 
shallbe  deemed  an  Indian.     (Code,  Sec.  63) 


58  Bulletin  State  Board  of  Education 


n.     Attendance  compulsory  between  certain  ages: 

( 1 )  Be  it  enacted  by  the  General  Assembly  of  Virginia,  That  every 
parent,  guardian  or  other  person  having  charge  or  control  of  any  child  be- 
tween the  ages  of  eight  and  twelve  years,  shall  be  required  tg  send  such 
child  to  a  public  school  of  tb/s  Commonwealth  for  at  least  sixteen  weeks 
in  each  school  year,  which  attendance  shall  commence  at  the  beginning  of 
the  school  term,  unless  otherwise  ordered  by  the  district  school  board,  and 
shall  be  as  nearly  continuous  and  consecutive  as  conditions  will  permit, 
provided,  however,  that  this  act  shall  not  apply  in  the  case  of  any  child 
weak  in  body  or  mind,  able  to  read  and  write  or  attending  a  private  school, 
or  living  more  than  two  miles  by  the  usually  traveled  route  from  the  nearest 
public  school,  or  more  than  one  mile  from  the  line  of  an  established  public 
free  wagon  route,  or  excused  by  the  district  school  trustees. 

(2)  Each  district  school  board  in  the  State  shall,  within  fifteen  days 
after  the  schools  open  in  the  fall,  ascertain  the  condition  of  all  children 
between  the  ages  o(  eight  and  twelve  who  are  not  in  attendance  upon  any 
public  school,  and  shall  report  all  violations  of  this  act  to  the  division  supei*- 
intendent,  who  shall  at  once  proceed  to  prosecute  each  and  every  offense. 

£3)  In  all  cases  of  non-enrollment  and  non-attendance  reported  to  him, 
the  division  superintendent  shall  make  a  careful  investigation  of  the  facts 
in  the  case,  ard  where  no  valid  reason  for  non-enrollment  and  non-attend- 
ance is  found,  he  shall  give  written  notice  to  the  parent,  guardian,  or  other 
person  having  control  of  the  child,  and  in  the  event  of  the  absence  of  the 
parent,  or  guardian  or  other  person  having  control  of  the  child  from  his 
or  her  usual  place  of  residence,  the  division  superintendent  shall  leave  a 
copy  of  the  notice  with  some  person  over  twelve  years  of  age  residing  at 
the  usual  place  of  residence  of  such  parent,  guardian,  or  other  person  hav- 
ing control  of  such  child  with  instructions  to  hand  such  notice  to  such 
parent,  guardian,  or  other  person  having  control  of  such  child  which  notice 
shall  require  the  attendance  of  such  child  at  the  school  therein  r.amed, 
within  seven  days  from  the  date  of  said  notice. 

(4)  If  vithin  seven  days  from  the  date  of  the  service  of  the  notice  as 
aforesaid,  the  parent,  guardian,  or  person  having  control  of  such  child\does 
not  comply  with  the  provisions  of  this  act.  then  the  division  superintendent 
shall  make  complaint  in  the  name  of  the  Commonwealth  of  Virginia  lefore 
a  justice  of  the  peace  or  a  police  justice  of  the  district  or  city  in  vhich 
such  parent,  guardian,  or  other  person  having  control  of  such  child  resides, 
or  complaint  may  be  made  in  the  corporation  or  circuit  court  of  the  cily  or 
county  in  which  such  child  resides,  which  officers  and  courts  are  he-e'oy 
clothed  with  jurisdiction  over  all  offenses  and  the  proceedings  under  this 
act  with  full  power  to  hear  and  try  all  complaints,  impose  fines,  pendtie* 
.it  (1  fully  execute  the  provisions  of  this  act. 

(5)  Any  parent,  guardian,  or  other  person  who  fails  to  comply  vith 
the  provision-  of  this  act  shall  be  guilty  of  a  misdemeanor  and  shal  be 
liable  to  a  tine  not  exceeding  twenty  dollars  for  each  offense.  Such  fine 
sha'l  lie  collected  as  other  fines  imposed  in  the  name  of  the  Commonwealth 
of  Virginia  are  collected. 

(6)  The  clerk  of  the  district  school  board  in  each  district  shall  report 
to  the  division  superintendent  every  offense  against  the  provision,  of 
this  act  when  a  member  of  the  district  school  board,  or  any  citizen  o  the 
district  in  which  the  offending  party  resides  files  with  him  an  affiavit 
setting  forth  the  facts  constituting  the  offense  and  if  he  neglect  to  o  so 
within  fifteen  Jays  after  such  affidavit  is  filed,  he  shall  be  liable  to  a  fie  of 
not  less  than  five  and  not  more  than  ten  dollars  for  each  case  of  suchneg- 

to  be  collected  in  the  name  of  the  Commonwealth  before  any  cout  or 
competent  jurisdiction  by  any  person  feeling  aggrieved  thereby. 

(7)  Two  weeks'  attendance  at  half  time  or  night  shall  be  consiered 
within  the  meaning  of  this  act  equivalent  to  an  attendance  of  one  wck  at 
a  day  -M'hool. 


Virginia  School  Laivs  59 


(£■')  The  school  toard  of  any  city  shall  have  the  right,  in  its  discretion, 
to  appoint  a  truant  oj  attendance  officer  to  perform  in  said  city  the  duties 
required  of  the  clerk  <f  the  district  school  board  and  division  superintendent 
in  the  counties.  whici  officer  so  appointed  shall  in  his  city,  have  all  the 
rights  and  perform  ;11  of  the  duties  prescribed  for  the  clerk  of  the  dis- 
trict school  board  aid  division  superintendent  in  counties,  as  aforesaid; 
and  in  case  no  truantor  attendance  officer  is  appointed  in  any  city,  as  afore- 
said, the  rights  and  duties  prescribed  for  the  clerk  of  the  district  school 
board  and  division  superintendent  in  counties  shall  in  such  cities  devolve 
upon  and  be  perforned  by  the  clerk  of  the  city  school  board  and  division 
superintendent. 

Be  it  further  eiacted  by  the  General  Assembly  of  Virginia,  That  an 
act  entitled  an  act  to  provide  (in  certain  cases)  for  the  compulsory  at- 
tendance of  chiWrtn  between  the  .ages  of  eight  and  twelve  years  upon  the 
public  schools  of  Virginia  and  providing  penalties  for  failure  and  designat- 
ing the  manner  <f  collecting  such  penalties,  approved  March  fourteenth, 
nineteen  hundred  and  eight,  be  and  the  same  is  hereby  repealed.  (Act.-. 
;918,  page  752) 

o.  Indi\i4tal  drinking  cups  required. — (See  School  Buildings,  Section 
d,  page  79) 

13.     Census  oi  School  Children. 

a.  At  i  tine  to  be  designated  by  the  State  Superintendent  of  Public 
Instruction,  Prior  to  June  one,  nineteen  hundred  and  twenty,  and  every 
five  years  f  ereafter,  a  census  of  all  persons  between  the  ages  of  seven  and 
twenty  ye^s,  residing  within  each  school  district,  shall  be  taken  on  forms 
furnished  by  the  Superintendent  of  Public  Instruction.  Said  census  shall 
be  takenJy  agents  appointed  by  the  district  school  board  on  the  recommenda- 
tion of  tie  division  superintendent,  and  each  agent  shall  receive  as  compen- 
sation #r  his  services,  to  be  paid  out  of  the  district  school  fund,  an  amount 
to  be  fiied  by  the  particular  board,  not  to  exceed,  however,  six  dollars  per 
hundv^i  of  the  children  listed  by  him,  subject  to  abatement,  on  the  discovery, 
befoi<  or  after  the  settlement  of  the  account,  of  errors  or  omissions  in 
the  ift.  The  agents  mentioned  in  this  section  shall  also,  at  the  time  of 
takh£  the  census  aforesaid,  gather  statistics  relating  to  the  interest  of 
edrc&ion  in  their  respective  districts  according  to  forms  furnished  by  the 
SuP^intendent  of  Public  Instruction.  The  list  prepared  under  the  preceding 
p.-.rtof  this  section  shall  be  submitted  for  careful  revision  to  the  district 
fchojl  board  as  soon  as  may  be  after  their  completion,  and  shall  at  all 
time  be  opened  to  the  inspection  of  any  citizen.  When  so  revised,  they 
shall  be  submitted,  along  with  the  other  papers  of  the  district,  to  the  county 
scho|l  board  at  its  annual  meeting  and  immediately  delivered  to  the  divi- 
sion Superintendent. 

h  addition  to  the  census  provided  for  above,  there  shall  be  taken  at  a 
timeito  be  designated  by  the  Superintendent  of  Public  Instruction,  prior  to 
Junrione,  in  the  year  nineteen  hundred  and  twenty-one,  and  in  every  year 
thera^ter,  except  those  years  in  which  the  quinquennial  census  is  taken,  a 
cumiative  census.  The  latter  shall  be  recorded  on  census  cards  to  be  pro- 
vided by  the  Superintendent  of  Public  Instruction,  and  shall  be  based  on 
infoikation  which  the  respective  division  superintendents  may  secure  from 
teacfers,  parents,  local  school  leagues,  and  reports  submitted  to  them  by 
the  hreau  of  vital  statistics,  which  bureau  is  hereby  directed  to  give  the 
respitive  superintendents  such  relevant  information  in  its  possession  re- 
latin)  to  the  school  population  of  their  respective  divisions  as  said  super- 
interients  may  request.  The  cumulative  census  shall  deal  only  with  addi- 
tionsto  and  corrections  of  the  quinquennial  census.  (Acts  1920,  page  72, 
ameriing  Code.  Sec.  653) 


60  Bulletin  State  Board  of  Education 


b.  Census  of  the  deaf  and  the  blind:  division  superintendent  to  trans- 
mit consolidated  report  to  the  School  for  the  Deaf  aid  the  Blind. — (1)  At 

the  time  the  quinquqennial  census  provided  for  by  th|  preceding  section  is 
taken  by  the  same  agents  a  separate  census  of  the  dfef  and  blind  persons 
between*  said  ages  residing  within  the  school  distrid \ giving  the  sex,  age, 
and  residence  of  each,  and  a  copy  thereof  shall  be  reamed  to  the  division 
superintendent.  For  this  service  the  agents  shall  receive  the  same  compen- 
sation as  that  allowed  for  listing  other  children,  aid  out  of  the  same 
fund.  The  division  superintendent  shall  consolidate  thereport  of  the  county 
and  transmit  the  same  to  the  superintendent  of  the  scbol  for  the  deaf  and 
Wind. 

(2)  An  emergency  existing  by  reason  of  the  nes^sity  of  taking  the 
quinquennial  cersus  in  the- year  1920,  this  act  shall  be  in  force  from  its 
ppassage.     (Acts  1920,  page  73,  amending  Code,  Sec.  6f4) . 

14.     School  Funds, 
a.     Sources: 

(1)  Stuft  funds,  embracing  the  annual  interest  on  th^literary  fund; 
all  appropriations  made  by  the  General  Assemblv  for  public  fiee  school  pur- 
poses; that  portion  of  the  capitation  tax  provided  for  in  jhe  Constitution 
to  be  paid  into  the  State  treasury  and  not  returnable  to  tie  '.ounties.  and 
such  tax  on  property,  not  less  than  one  mill  nor  more  than  Ive  mills  on 
the  dollar,  as  the  General  Assembly,  from  time  to  time,  ortje-  to  be  levied. 
These  funds  shall  be  applied  exclusively  to  the  maintenance  oi  primary  and 
grammar  schools. 

(2)  County  funds,  embracing  such  tax  as  shall  be  levied  b"\  the  board 
of  supervisors  in  pursuance  of  the  following  section,  and  donations,  or  the 
income  arising  therefrom,  or  any  other  funds  that  may  be  set  part  for 
county  school  purposes. 

(3)  District  funds,  embracing  such  tax  as  shall  be  levied  by  tie  board 
of  supervisors  of  the  county  for  the  purposes  of  the  school  district  n  pur- 
suance of  the  following  section;  such  dog  tax  as  shall  be  applied  to  school 
purposes  by  the  board  cf  supervisors,  and  donations,  or  the  income  arising 
therefrom,  or  any  other  funds  that  may  be  set  apart  for  district  punoses, 
(Code,  Sec.  739) 

b.     Money  appropriated  by  Congress  under  "forest  reserve  act": 

(1)  All  money  or  moneys  which  shall  have  already  been  paid,  or  /hich 
mav  hereafter  be  paid  to  the  State  of  Virginia  under  an  act  of  Congress 
approved  May  twenty-third,  nineteen  hundred  and  eight,  and  arisingfrom 
the  "forest  reserve,"  shall  be  paid  over  tc  the  Auditor  of  Public  Accunts, 
and  be  turned  into  the  State  treasurv.  to  be  distributed  and  disposedof  as 
provided  in  the  following  section.      (Code,  Sec.  742) 

(2)  The  treasurer  of  each  county  in  whicr   there  i:>  situated  an;  land 
owned    by   the   United   States   government   and  known   as  "forest   resrve" 
shall  ascertain  the  area  of  said  land  so  situated  in  his  county,  and  th  "re- 
in which  the  same  is  located,  and  make  report  thereof  to  the  Aditor 

of  Public  Accounts.  I'pon  receipt  of  such  information  from  the  treaurer, 
the  Auditor  of  Public  Acccunts  shall  apportion  the  amount  received  P  him 
from  the  "reserve"  in  which  the  said  land  is  located  among-  the  counies  in 
which  the  said  "forest  reserve"  is  located,  according  to  the  area  i  each 
county;  or  if  all  of  the  fund  received  fi-om  one  reservation  lies  in  one  ounty, 
i all  all  be  apportioned  to  that  county,  and  the  Auditor  of  Public  Acounts 


Virginia  School  Laws  61 

shall  draw  his  warrant  on  the  State  treasury  in  favor  of  the  treasurer  of 
each  county  for-  the  amount  apportioned  to  said  county,  and  such  treasurer 
shall  receive  the  same  and  place  the  funds  to  the  credit  of  the  public  schools 
and  the  public  roads  of  his  said  county,  as  hereinafter  provided.  (Code, 
Sec.  743) 

(3)  The  funds  above  apportioned  to  the  various  counties  shall  by  the 
treasurers  thereof  be  placed  to  the  credit  of  the  magisterial  districts  in 
which  the  said  land  is  located,  in  equal  proportions,  to  the  credit  of  the  pub- 
lic schools  and  the  public  roads  of  said  district;  and  if  the  land  lies  in  two 
or  more  districts  it. shall  be  apportioned  among  them  according  to  the  area 
in  each.     (Code,  Sec.  744) 

(4)  The  Auditor  of  Public  Accounts  shall  keep  separate  accounts  of 
all  funds  received  by  him  under  the  three  preceding  sections,  designated 
as  the  "forest  reserve  fund."     (Code,  Sec.  ^45) 

c.  Literary  Fund. — The  proceeds  of  all  fines  collected  for  offenses 
committed  against  the  State  and  directed  by  section  one  hundred  and  thirty- 
four  of  article  nine  of  the  Constitution  of  Virginia  to  be  set  apart  as  a 
part  of  a  perpetual  and  permanent  literary  fund  shall  be  paid  and  collected 
only  in  lawful  money  of  the  United  States,  and  shall  be  paid  into  the  treas- 
ury to  the  credit  of  the  literary  fund,  and  shall  be  used  for  no  other  pur- 
pose whatsoever.     (Code,  Sec.  738) 

(1)  Loans  from  Literary  Fund  made  by  State  Board  of  Education. — 
The  State  Board  of  Education  is  hereby  authorized  to  lend  to  the  school 
boards  of  the  school  districts  and  cities  in  this  State  making  application 
therefor,  money  belonging  to  the  literary  fund  and  in  hand  for  investment, 
for  the  purpose  of  erecting  or  enlarging  school  houses  in  such  districts  and 
cities,  on  the  terms  and  conditions  hereinafter  set  forth  and  subject  to  such 
rules  and  regulations  as  may  be  promulgated  by  the  said  board.  (Code, 
Sec.  757) 

(2)  School  boards  authorized  to  borrow  from.  Literary  Fund. —  (See 
Section   (1),  page  61).     (Code,  Sec.  758) 

(3)  Superintendent  of  Public  Instruction  must  approve  plans  and 
specifications  of  buildings  on  which  school  booy>-ds  desire  to  borrow  money 
from  Literary  Fund. —  (See  Section  g,  page  19).      (Code,  Sec.  759) 

(4)  Rate  of  interest. — All  loan?  not  exceeding  three  thousand  dollars 
shall  bear  interest  at  the  rate  of  three  per  centum  per  annum,  and  all  loans 
over  said  amount  shall  bear  interest  at  the  rate  of  four  per  centum  per 
annum,  payable  on  the day  of The  prin- 
cipal thereof  shall  be  payable  in  fifteen  annual  instalments,  and  shall  be 
evidenced  by  bonds  or  notes  payable  to  the  Commonwealth  of  Virginia  for 
the  benefit  of  the  literary  fund — executed  or  signed  by  the  chairman  of 
the  school  beards  of  each  district  and  attested  by  the  clerk  thereof.  Pay- 
ments of  interest  and  principal  shall  be  made  to  the  State  Treasurer  through 
the  Second  Auditor  and  evidences  of  debt  taken  for  such  loans  shall  be  de- 
posited with  the  Second  Auditor  and  kept  by  him.     (Code,  Sec.  760) 

(5)  Provision  for  payment  of  Literary  Fund  loans. — The  school  boards 
borrowing  funds  under  the  provisions  of  this  chapter  shall  request  the 
boards  of  supervisors  or  the  councils  of  their  respective  counties  or  cities 
or  towns  to  cause  a  district  tax  to  be  levied  sufficient  to  meet  its  liabilities 
on  such  contract;  and  in  the  event  that  such  board  shall  fail  to  pay  any 
instalment  of  interest  or  principal  promptly,  then  upon  notice  in  writing 


(52  Bulletin  State  Board  of  Education 


to  that  effect  from  the  Second  Auditor  or  from  the  Superintendent  of  Pub- 
lic Instruction,  the  county  or  city  treasurer  or  other  person  having  the  cus- 
tody of  the  district  funds  of  such  district  shall  pay  to  the  State  Treasurer, 
through  the  Second  Auditor,  any  such  past  due  instalment  of  interest  or 
principal  out  of  any  district  funds  in  his  hands  belonging  to  the  district 
or  school  board.  The  failure  of  the  school  board  of  a  district  or  city,  or 
the  board  of  supervisors,  or  the  council  of  a  city  or  town  to  provide  for  the 
payment  of  such  loan  shall  be  deemed  a  cause  for  removal  from  office. 
(Code,  Sec.  761) 

(6)  Title  must  be  satisfactory  to  State  Board  of  Education. — Before 
making  any  loan  under  this  chapter,  the  State  Board  of  Education  shall 
be  satisfied  that  the  school  district  or  board  borrowing  the  fund  has  a  good 
and  sufficient  title  in  fee  to  the  real  estate  on  which  the  proposed  building 
is  to  be  erected,  or  that  the  same  has  been  leased  by  the  local  school  au- 
thorities for  a  period  of  twenty  years,  or  more,  upon  such  terms  that  there 
is  no  liability  of  the  loss  of  any  money  that  may  be  loaned  under  the  pro- 
visions of  this  chapter,  and  that  the  same  is  free  from  incumbrances,  and 
shall  take  proper  measure  to  secure  the  expeditures  of  the  money  for  the 
purpose  for  which  it  is  loaned  and  in  cases  where  loans  are  made  for  the 
enlargement  of  school  houses,  previous  loans  thereon  made  from  the  lit- 
erary fund  shall  not  be  considered  an  incumbrance  within  the  meaning  of 
this  section;  but,  in  no  case  shall  the  total  amount  of  loans  from  the  literary 
fund  be  in  excess  of  the  amount  herein  prescribed,  nor  more  than  two- 
thirds  of  the  cost  of  such  school  house  and  the  addition  thereto.  (Code, 
Sec.  762) 

(7)  Loans  to  be  a  lien  i<i>on  buildings  and  grounds. — All  loans  made 
under  this  chapter,  including  interest  thereon,  shall  constitute  a  specific  lien 
on  said  school  houses  and  any  additions  thereto  and  upon  the  school  lots 
whereon  said  buildings  are  situated;  and  all  such  buildings  shall  be  kept 
fully  and  adequately  insured  for  the  benefit  of  the  literary  fund  of  the 
Commonwealth  of  Virginia,  and  the  policy  or  policies  of  insurance  shall  be 
kept  on  file  in  the  office  of  the  Second  Auditor. 

No  loans  shall  be  made  under  this  chapter  in  any  case  in  which  the  pay- 
ment of  the  same  with  interest  would,  in  the  judgment  of  the  State  Board 
of  Education,  entail  too  heavy  a  charge  upon  the  revenues  of  the  school 
district  to  which  such  loan  is  granted.     (Code,  Sec.  764) 

(8)  State  Board  to  makt  regulations  for  distribution  of  loans. —  (See 
Section  16,  page  15).     (Code,  Sec.  763) 

d.     School  boards  may  issue  bonds: 

(  1  )  Whenever  the  school  board  of  any  school  district  in  any  of  the 
counties  of  this  State  shall,  bv  resolution  duly  spread  upon  the  minutes  of 
the  proceedings  of  such  board,  declare  that  an  additional  school  house  or 
school  houses  are  necessary  to  provide  additional  public  school  facilities 
for  the  children  of  >chool  age  in  such  district  and  the  school  funds  of  such 
district  will  not  be  sufficient  to  provide  such  additional  school  building  or 
buildings,  and  to  furnish  the  same,  and  the  statement  of  facts  contained 
in  tin  [(solution  of  such  school  board  shall  be  confirmed  and  approved 
bv  resolution  of  the  board  of  supervisors  of  the  ccunty  wherein  such  school 
district  is  located,  the  school  board  of  anv  such  district  may,  when  au- 
thorized by  a  vote  of  a  majority  of  the  qualified  voters  of  anv  such  district 
voting,  as  hereinafter  provided,  borrow  money  -for  the  purpose  of  erecting 
a  school  house  or  school  houses  herein  and  for  furnishing  the  same,  and 
may  issue  either  registered  or  coupon  bonds  for  the  sums  of  money  so  bor- 
rowed; the  said  bonds  to  be  payable  at  a  period  not  exceeding  thirty  years 
aft i  r  their  date,  and  to  be  made  redeemable  at  the  option  of  anv  such  school 


Virginia.  School  Laws  63 

board  at  such  time  after  their  date  as  may  be  specified  in  the  bonds,  and 
such  bonds  shall  bear  interest  at  a  rate  not  exceeding  six  per  centum  per 
annum,  payable  either  annually  or  semi-annually,  as  the  school  board  may 
prescribe;  but  no  such  bonds  shall  be  sold  for  less  than  their  par  value, 
and  at  no  time  shall  the  aggregate  amount  of  bonds  issued  and  outstand- 
ing in  any  school  district  exceed  seventeen  per  centum  of  the  aggregate 
assessed  value  of  the  real  estate  located  in  such  school  district.  (Code,  Sec. 
765) 

(2)  Form  and  denomination  of  bonds;  how  signed;  lien  upon  school 
property. — The  said  bonds  shall  be  of  such  form  and  denon  ination  as  the 
school  board  of  any  such  school  district,  by  resolution  spread  upon  the 
minutes  of  the  board,  may  prescribe,  and  shall  be  signed  by  the  chairman 
and  attested  by  the  secretary  of  the  board,  and  there  shall  be  a  lien  upon 
the  school  property  erected  and  procured  with  the  proceeds  of  the  sale  of 
any  such  bonds  for  the  payment  of  the  principal  thereof,  and  the  interest 
to  accrue  thereon;  and  if  it  shall  be  so  stated  on  the  face  of  the  bonds, 
there  shall  be  a  lien  on  all  the  school  property  of  the  school  district  is- 
suing and  selling  the  same  for  the  payment  of  the  principal  thereof  and 
the  interest  to  accrue  thereon.      (Code,  Sec.  766) 

(3)  Proceeds  can  be  used  for  erecting  and  furnishing  school  buildings 
only. — The  proceeds  realized  from  the  sale  of  any  such  bonds  issued  under 
the  provisions  of  this  chapter  shall  not  be  used  for  any  other  purpose 
than  that  of  erecting  school  buildings  and  furnishing  the  same.  (Code, 
Sec.  767) 

(4)  No  bonds  to  be  issued  until  election  is  held — No  b(  nds  shall  be 
issued  under  the  provisions  of  this  chapter  unless  authorized  by  a  vote 
of  the  majority  of  the  qualified  voters  of  the  school  districts  proposing 
to  issue  the  same,  voting  at  a  special  election  to  be  ordered  and  held  as 
hereinafter  provided.      (Code,  Sec.  768) 

(5)  By  whom-  election  is  ordered  and  conducted;   notice   required. — 
When  the  resolutions  of  the  school  board  and  board  of  supervisors  shall  be 
certified  to  the  circuit  court  of  the  county  in  which  any  such  school  dis- 
trict is  located,  together  with   the  location   of  the   school  house  or   school 
houses   to   be   erected,  with   the   plans,    specifications,   and   estimated   cost 
thereof,   approved  by  the  division  school  superintendent  and  the   Superin- 
tendent of  Public  Instruction,  the  said  court  shall  order  a  special  election 
to  be  held  in  any  such  district  at  such  time  and  aftei    such  notice    (which 
shall  not  be  less  than  two  weeks),  as  the  court  may  prescribe  by  order  en- 
tered upon  its  minutes,  to  pass  upon  the  question  whetier  such  bonds  shall 
be  issued  or  not,  for  the  amount  recommended  by  the  school  board  of  such 
district.     And  the  clerk  of  the  court  shall  give  the  notice  requh-ed  bv  the 
court   of    such   special   election   by  publication    in    some    newspaper   of  the 
county  in  which  such  school  district  is  located,  and  if  there  be  no  newspaper 
published  in  such  county,  then  in  a  newspaper  published  in  some  adjoin- 
ing county,  or  nearby  city  or  county,  and  by  having  the  same  posted  by 
the  sheriff  of  the  county  in  at  least  ten  conspicuous  points   in  any  such 
school    district,   which   said  notice   shall   state  the   am  aunt  of  bonds   to   be 
issued,  the  purpose  of  the  proposed  issue  thereof,  and  whether   the  said 
bonds  shall  be  a  lien  on  all  the  property  in  the  district  or  a  part  thereof. 
The  clerk  and  sheriff  of  the  county  shall  each  receive  for   their  services 
hereunder  two  dollars,  to  be  paid  out  of  the  county  treasury.      (Code,  Sec. 
769) 

(6)  Who  to  prepare  tickets;  election  held  as  general  elections  are 
held. The  electoral  board  shall  prepare  the  tickets  and  the  Doard  of  super- 
visors shall  provide  all  other  necessary  details  for  such  special  election,  and 
shall  pay  the  expenses  thereof  out  of  the   funds  of  the  county,  and  any 


64  Bulletin  State  Board  of  Education 


such  election  shall  be  conducted  and  held  in  like  manner  as  regular  elections, 
and  the  laws  of  the  State  applying  to  general  elections  shall  apply  to  such 
special  elections,  except  as  otherwise  provided  in  this  chapter,  and  the 
judges  and  clerks  of  the  regular  elections  in  said  district  shall  be  the 
judges  and  clerks  in  any  such  special  election,  and  shall  receive  the  same 
compensation ;  and  the  voting  precincts  in  any  such  district  for  general  elec- 
tions shall  also  be  the  same  for  any  such  special  elections.  (Code,  Sec. 
770) 

(7)  Who  to  canvass  returns,  etc. — The  judges  and  clerks  of  such 
special  elections  shall  canvass  the  vote  and  certify  the  same  to  the  county 
clerk  in  the  same  manner  as  required  by  law  in  general  elections,  and  on 
the  second  day  following  such  special  elections,  it  shall  be  the  duty  of  the 
county  clerk,  the  Commonwealth's  attorney,  and  the  commissioner  of  reve- 
nue, who  are  hereby  constituted  a  board  of  canvassers  for  that  purpose  to 
meet  in  the  clerk's  office  of  said  county  and  to  canvass  the  returns  of  such 
special  elections,  and  to  certify  the  results  ascertained  by  them  to  the 
board  of  supervisors  of  the  county,  who  shall  spread  the  same  upon  the 
minutes  of  the  board,  and  when  this  shall  have  been  dne,  if  no  notice  of 
contest  of  said  election  shall  have  been  filed  within  ten  days  after  said 
election,  the  certificates  of  the  canvassing  board,  hereby  created,  shall  be 
conclusive  of  the  legality  and  regularity  of  said  special  election  and  of  the 
result  thereof      (Code,  Sec.  771) 

(8)  Who  may  vote  at  such  election. — All  registered  voters  of  any 
such  school  district  who  were  qualified  by  law  to  vote  in  the  last  preced- 
ing general  election  shall  be  qualified  to  vote  in  any  such  special  election. 
(Code,  Sec.  772) 

(9)  How  interest  and  principal  of  boyids  to  be  paid. — From  the  school 
levies  of  any  such  school  district  there  shall  be  paid  as  it  mature  i,  the  in- 
terest on  the  bonds  hereby  authorized,  and  there  shall  be  set  aside  an- 
nually, as  a  sinking  fund,  such  a  sum  as  will  provide  for  the  payment  of 
the  principal  when  it  matures.  Such  sinking  fund  shall  be  invested  in  the 
bonds  hereby  authorized,  or  in  such  other  securities  as  the  said  board  may, 
with  the  approval  of  the  division  superintendent  of  schools  for  said  county, 
select.  The  said  school  board  shall  annually  report  to  the  board  of  super- 
visors of  the  county  the  amount  of  the  debt  outstanding  and  the  amount 
and  condition  of  the  sinking  fund.      (Code,  Sec.  773) 

e.  Loans  from  county  school  board. — Where  any  county  school  board 
in  this  State  is  possessed  of  funds,  derived  by  gift  or  devise,  the  said  county 
school  board  is  authorized  to  loan  to  the  school  districts  in  their  respective 
counties,  a  sum  of  money  not  exceeding  one  thousand  dollars,  for  the  purpose 
of  building  school  houses  in  said  district,  the  amount  to  be  loaned  to  be  pro- 
portioned according  to  school  population  in  each  district,  so  that  one  district 
may  not  obtain  a  greater  proportion  than  another,  and  the  said  district 
school  board  is  authorized  to  execute  ani  deliver  to  the  county  school  board, 
their  obligation  for  any  amount  so  borrowed.  The  money  so  borrowed 
shall  be  expended  by  district  school  boards  in  building  such  school  houses 
as  their  sound  discretion  may  decide  upon. 

f.  Levies  laid  hv  hoard  of  supervisors. — Fe  it  enacted  by  the  General 
Assembly  of  Virginia,  That  each  county,  city,  town,  if  the  sama  be  a  sep- 
arate  school  district,  and  school  district,  is  authorized  and  required  to  raise 
sums  by  a  tax  on  property  of  not  less  than  fifty  cents  nor  more  than  one 
dollar  in  the  aggregate  on  the  hundred  dollars  of  the  assessed  value  of  prop- 
erty in  any  one  year  to  be  apportioned  and  expended  by  the  local  school  au- 
thorities of  said  counties,  cities,  towns  and  districts' in  establishing  and 
maintaining  such  schools  as  in  their  judgment  the  public  welfare  may  re- 
quire. 


Virginia,  School  Laws  65 


The  boards  of  supervisors  of  the  several  counties  and  councils  of  the 
several  cities  and  towns,  if  the  same  be  separate  school  districts,  shall 
provide  for  the  levy  and  collection  of  such  local  taxes,  and  an  additional  tax 
of  not  exceeding  twenty-five  cents  on  the  one  hundred  dollars  of  the  as- 
sessed value  of  property  may  be  levied  by  each  county,  city,  town,  if  same 
be  a  separate  school  district,  and  school  district,  in  order  to  provide  for  the 
interest  and  sinking  fund  of  any  loans  negotiated  or  bonds  issued  for 
such  purposes,  said  tax  to  be  levied  and  collected  in  accordance  with  the  pro- 
visions of  this  act. 

Sections  seven  hundred  and  forty  and  twenty-seven  hundred  and 
twenty-one  of  the  Code  of  Virginia  are  hereby  repealed. 

This  act  shall  not  be  effective  unless  a  proposed  amendment  to  section 
one  hundred  and  thirty-six  of  the  Constitution  of  Virginia,  submitted,  or 
which  may  be  submitted,  by  the  present  General  Assembly  to  a  vote  of 
the  people  for  ratification  at  the  regular  November  election  of  nineteen 
hundred  and  twenty,  shall  be  ratified  by  the  people  at  said  election,  in  ac- 
cordance with  law,  in  which  event  this  act  shall  be  in  force  on  and  after 
January  first,  nineteen  hundred  and  twenty-one. 

g.  Boards  of  supervisors  may  make  appropriations. — The  board  of 
supervisors  of  any  county  may,  in  its  discretion  appropriate  to  the  support 
and  maintenance  of  the  schools  in  any  school  district  of  the  county,  such 
sums  as  in  its  judgment  may  be  necessary  or  expedient.  (Acts  1920,  page 
74) 

h.  Levy  laid  by  council  in  cities. — The  council  of  each  city  shall  have 
power,  and  it  shall  be  its  duty,  on  or  before  the  fourth  Monday  in  July  in 
each  year,  or  as  soon  thereafter  as  practicable,  to  levy  a  tax  upon  the  real 
and  personal  property  in  the  city  of  not  to  exceed  fifty  cents  on  the  one  hun- 
dred dollars  of  its  assessed  value,  or  the  council  may,  in  its  discretion,  make 
an  appropriation  in  lieu  of  such  levy. 

i.  Assessment  of  school  taxes. — All  taxes  imposed  for  public  free 
school  purposes,  whether  by  the  State  or  by  or  for  any  county,  or  by  or 
for  any  school  district,  shall  be  assessed  at  the  same  time  and  in  the  same 
manner  as  are  State  and  county  taxes  for  ordinary  purposes;  and  in  any 
county  or  district  where  such  tax  has  been  levied  by  the  board  of  super- 
visors of  the  county,  it  shall  be  the  duty  of  the  commissioners  of  the 
revenue  therein  to  extend  such  tax  in  the  copies  of  their  land  and  property 
books  which  they  return  to  the  treasurer  of  the  county.  Where  two  or  more 
school  districts  are  included  in  the  same  commissioner's  district,  it  shall  be 
his  duty,  when  he  extends  the  school  tax  in  his  land  and  property  books,  to 
keep  separate  the  tax  for  each  school  district,  indicating  by  name  or  num- 
ber the  district  wherein  the  property  is  taxed.  It  shall  be  the  duty  of  the 
Auditor  of  Public  Accounts  to  have  the  land  and  property  books  prepared 
with  three  columns,  one  for  entering  the  county  school  levies,  one  for  enter- 
ing the  district  school  levies,  and  the  third  for  entering  the  name  or  num- 
ber of  the  district  wherein  the  property  is  taxed.  It  shall  be  the  duty  of  the 
Auditor  of  Public  Accounts  to  have  the  land  and  property  books  prepared 
with  three  columns,  one  for  entering  the  county  school  levies,  one  for  enter- 
ing the  district  school  levies,  and  the  third  for  entering  the  name  or  number 
of  the  school  district  where  in  the  property  is  taxed.  The  said  land 
and  property  books  shall  be  so  ruled  as  to  provide  for  the  proper  assess- 
ing of  all  local  school  taxes,  including  those  on  property,  et  cetera,  not 
assessed  with  State  taxes.     (Code,  Sec.  752) 

j.     Library  Fund: 

(1)  Whenever  the  patrons  and  friends  of  any  public  free  school  shall 
raise  by  private  subscription  and  tender  to  the  clerk  of  the  district  or  city 
school  board,  for  the  establishment  of  a  library  to  be  connected  with  the 


66  Bulletin  State  Board  of  Education 


said  school,  the  sum  of  fifteen  dollars,  the  school  board  shall  appropriate 
the  sum  of  fifteen  dollars  for  this  purpose,  and  shall  appoint  one  intelli- 
gent person  in  the  school  district,  or  city,  the  manager  of  said  library.  The 
district  board  shall  also  appoint  one  competent  person  well  versed  in 
books  to  select  books  for  the  libraries  that  may  be  established  under  the 
provisions  of  this  section  from  lists  of  books  approved  by  the  State  Board 
of  Education  and  at  such  prices  and  under  such  rules  and  regulations  as 
may  be  prescribed  by  said  board  of  education;  but  no  school  board  shall 
be  obliged  to  appropriate  money  for  more  than  five  libraries  as  aforesaid 
in  any  one  year. 

(2)  Who  shall  order  books  for  State  aided  libraries. — As  soon  as 
any  school  board  shall  have  made  an  appropriation  for  a  library  in  the  man- 
ner prescribed  and  the  person  appointed  to  select  the  books  shall  have  sub- 
mitted the  list  of  books  to  be  purchased  and  the  prices  of  the  same  to  the 
clerk  of  the  school  board,  the  clerk  of  said  school  board  shall  forward  an 
order  for  the  said  list  of  books,  with  a  warrant  for  not  less  than  forty 
dollars  made  payable  to  the  contractor  or  dealer  with  whom  the  State 
Board  of  Education  shall  have  made  arrangements  to  furnish  the  books 
under  the  provisions  of  the  preceding  section,  to  the  division  superintendent 
of  schools;  whereupon  the  division  superintendent  of  schools  shall  forward 
the  order  for  said  list  of  books  or  a  copy  thereof,  ah  application  for  State  aid 
and  the  warrant  aforesaid  to  the  Department  of  Public  Instruction.  Upon 
the  receipt  of  said  order  and  warrant  the  State  Board  of  Education  shall 
remit  to  the  treasurer  of  the  county  or  city  in  which  such  school  is  situated 
the  sum  of  ten  dollars,  the  State's  contribution  for  the  purchase  of  books, 
as  aforesaid,  and  the  Department  of  Public  Instruction  shall  forward  the 
order  and  the  warrant  to  the  said  dealer  or  contractor  under  rules  and  regu- 
lations to  be  formulated  by  the  State  Board  of  Education.  The  treasurer 
shall  have  no  commission  for  receiving  and  disbursing  the  funds  provided 
for  in  this  and  the  preceding  section.  The  State  Board  of  Education  shall 
fix  rules  and  regulations  looking  to  as  wide  a  distribution  of  the  funds 
as  may  seem  practicable.  The  district  school  board  shall  furnish  a  neat 
book-case  with  lock  and  key  for  each  library  upon  application  of  the  man- 
ager thereof. 

(3)  Local  manager  to  carry  ovt  regulations  etc. — The  local  manager 
of  every  library  shall  carry  out  such  rules  and  regulations  for  the  proper  use 
and  preservation  of  books  as  may  be  prescribed  by  the  State  Board  of  Edu- 
cation. The  local  managers  of  two  or  more  libraries  may  be  permitted  to 
exchange  libraries  under  rules  and  regulations  to  be  prescribed  by  the  State 
Board  of  Education. 

k.  Federal  Fund  under  Smith-Hughes  Act  of  Congress. — Be  it  en- 
acted by  the  General  Assembly  of  Virginia,  That  an  act  entitled  an  act  to 
provide  for  the  acceptance  of  the  conditions  of  the  Federal  act,  commonly 
called  the  Smith-Hughes  Bill  (Public  No.  347,  64th  Congress),  and  author- 
izing the  State  Board  of  Education  to  act  as  a  State  Board  of  Vocational 
Education  for  the  Commonwealth,  and  authorizing  the  Treasurer  of  the 
State  of  Virginia  to  act  as  custodian  of  such  funds  as  may  be  received  from 
the  Federal  government,  and  to  pay  the  same  out  on  warrant  drawn  by  the 
State  Board  of  Education,  and  authorizing  the  State  Board  of  Education  to 

blish  a  department  of  vocational  education,  and  appropriating  money 
therefor,  approved  February  23,  1918,  be  amended  and  re-enacted  so  as  to 
read  as  follow 

Wheras.  an  act  of  Congress  (Public  No.  347,  sixty-fourth  Congress), 
title  of  which  act  reads  as  follows:  An  act  to  provide  for  the  promotion 
of  vocational  education;  to  provide  for  co-operation  with  the  States  in  the 
promotion  of  such  education  in  agriculture,  in  the  trades  and  industries;  to 
provide  for  co-operation  with  the  States  in  the  preparation  of  teachers  of 


Virginia  School  Laws  67 


vocational  subjects;  and  to  appropriate  money  and  regulate  its  expenditure, 
was  approved  February  twenty-third,  nineteen  hundred  and  seventeen;  and, 

Whereas,  under  the  terms  of  the  act,  the  provisions  of  said  act  have  been 
accepted  by  proclamation  of  the  governor,  subject  to  ratification  by  the  Gen- 
eral Assembly  of  Virginia;  and, 

Whereas,  the  plan  therein  proposed  for  Federal  aid  in  co-operation  with 
the  State  and  local  communities  is,  in  the  judgment  of  this  General  Assembly, 
wise  and  beneficial;   therefore, 

Sec.  1.  Be  it  enacted  by  the  General  Assembly  of  Vh-ginia,  That  the 
State  Board  of  Education  be,  and  is  hereby  delegaled  to  act  as  the  State 
Board  of  Vocational  Education,  to  carry  out  the  pjo  visions  of  said  Federal 
act,  and  to  co-operate  with  the  Federal  Board  for  Vocational  Education  for 
the  purpose  of  this  act. 

Sec.  2.  That  the  Treasurer  of  Virginia  be,  and  is  hereby,  appointed 
custodian  for  any  appropriations  allotted  by  the  Federal  board  for  the  pur- 
poses of  vocational  education  in  Virginia,  and  that  he  be,  and  is  hereby,  in- 
structed to  dsburse  said  money  upon  warrant  properly  issued  by  the  State 
Board  of  Education. 

Sec.  2.  That  the  State  Board  of  Education  be,  and  is  hereby  authorized 
to  take  advantage  of  the  appropriations  made  by  t'10  Federal  government: 

(a)  For  training  of  teachers  or  supervisors  or  directors  of  agricul- 
tural subjects. 

(b)  For  the  training  of  the  trades,  home  fcmomics,  and  industrial 
subjects. 

(c)  For  the  pay  of  the  salaries  of  teachers  of  the  trades,  home  eco- 
nomics, and  industrial  subjects. 

(d)  For  the  pay  of  the  salaries  of  teachers,  supervisors  or  directors  of 
agricultural  subjects : 

Sec.  4.  That  the  State  Board  of  Education  be,  and  is  hereby  authorized 
to  provide  for  the  proper  supervision  and  management  of  such  schools  as 
may  receive  the  benefits  of  said  appropriations  out  of  such  funds  as  may 
be  at  its  disposal,  for  maintenance,  supervision^  equipment  or  establish- 
ment of  agricultural  or  vocational  schools,  including  departments  of  home 
economics  and  trade  work. 

Sec.  5.  That  the  State  Board  of  Education  be,  and  is  hereby,  author- 
ized to  establish  out  of  such  funds  as  are  available,  a  department  of  voca- 
tional education  for  the  State,  the  purpose  of  which  department  shall  be  to 
study  the  problems  of  vocational  education,  systematize  the  woi-k  in  the 
State  and  promote  and  supervise  the  teaching  of  such  subjects  in  the  schools 
of  the  Commonwealth,  as  will  lead  to  useful  and  productive  employment  in 
rural  or  urban  communities. 

Sec.  6.  That  for  the  appropriation  year  ending  on  the  twenty-eighth 
day  of  February,  nineteen  hundred  and  twenty-one,  the  sum  of  seventy-six 
thousand  seven  hundred  and  thirty  dollars  and  eighty-six  cents  is  hereby  ap- 
propriated, and  for  the  appropriation  year  ending  on  the  twenty-eight  day 
of  February,  nineteen  hundred  and  twenty- two,  the  sum  of  eighty-seven 
thousand  five  hundred  and  seventy-seven  dollars  and  seventy-two  cents  is 
hereby  appropriated,  said  sums  to  be  paid  out  of  any  money  in  the  State 
treasury  not  otherwise  appropriated,  which  sums  shall,  upon  the  request 
of  the  State  Board  of  Education,  duly  filed  with  the  Auditor  of  Public  Ac- 
counts, be  turned  over  by  the  Auditor  of  Public  Accounts  to  the  Second 
Auditor,  to  be  disbursed  on  warrants  drawn  by  the  State  Board  of  Educa- 
tion, such  sums  of  money  to  be  used  exclusively  for  the  promotion  of  voca- 
tional education  in  agriculture  and  in  the  trades,  home  economics  and  in- 
dustries in  high  schools,  and  for  the  preparation  of  teachers  of  vocational 
subjects,  as  provided  in  the  said  Federal  act,  to  be  expended  under  rules  and 
regulations  to  be  adopted  by  the  State  Board  of  Education. 


68  Bulletin  State  Board  of  Education 


il  < 

The  boards  of  supervisors  in  the  several  counties  of  this  State,  and 
the  councils  of  the  several  cities,  may  appropriate  such  sum  or  sums  of 
money  as  to  them  mav  seem  proper,  in  their  discretion,  for  the  establish- 
ment, equipment  and  maintenance  of  such  departments  of  vocational  educa- 
tion. 

1.  Globe  lands.— All  glebe  lands  and  church  property,  or  the  proceeds 
thereof,  which  may  be  appropriated  under  section  thirteen  hundred  and 
ninety-six,  for  education  in  any  county,  corporation,  or  school  district,  shall 
be  vested  in  the  school  board  of  the  county  or  corporation,  and  when  given 
to  a  school  district  shall  be  vested  in  the  trustees  of  said  school  district  as 
a  corporate  body,  and  shall  be  managed  and  applied  by  the  said  school  trus- 
tees of  such  districts  according  to  the  wishes  of  the  donor,  under  regula- 
tions prescribed  by  the  county  or  corporation  school  board.  The  revenue 
or  income  thereof  'shall  be  applied  subject  to  the  same  penalties  and  under 
the  same  regulations  as  are  prescribed  in  respect  to  that  portion  of  the 
literarv  fund  which  is  allotted  to  such  county,  corporation,  or  school  dis- 
trict.    (Code,  Sec.  586) 

m.  Gifts,  devises,  etc. — Every  gift,  grant,  devise  or  bequest,  which 
since  the  second  day  of  April,  in  the  year  one  thousand  eight  hundred  and 
thirty-nine,  has  been,  or  at  any  time  hereafter  shall  be,  made  for  literary 
purposes,  or  for  the  education  of  white  persons  within  this  State,  and  every 
gift,  grant,  devise,  or  bequest  which,  since  the  tenth  of  April,  in  the  year 
one  thousand  eight  hundred  and  sixty-five  has  been,  or  at  any  time  here- 
after shall  be,  made  for  literary  purposes,  or  for  the  education  of  colored 
persons  within  this  State,  and  every  gift,  grant,  devise  or  bequest  hereafter 
made  for  charitable  purposes,  whether  made  in  any  case  to  a  body  corporate 
or  unincorporated,  or  to  a  natural  person,  shall  be  as  valid  as  if  made  to 
or  for  the  benefit  of  a  certain  natural  person,  except  such  devises  or  be- 
quests, if  any,  as  have  failed  or  become  void  by  virtue  of  the  seventh  sec- 
tion of  the  act  of  assembly  passed  on  the  said  second  of  April,  eighteen 
hundrd  and  thirty-nine,  entitled  an  act  concerning  devises  made  to  schools, 
academies,  and  colleges.  Nothing  in  this  section  shall  be  so  construed  as  to 
give  validity  to  any  devise  or  bequest  to  or  for  the  use  of  any  unincorporated 
theological  seminary.     (Code,  Sec.  587) 

n.  Who  to  take  and  hold  such  gifts,  etc. — When  such  gift,  grant,  de- 
vise, or  bequest  is  to  the  State  Board  of  Education,  or  any  other  corpora- 
tion, or  any  county  or  natural  person,  the  subject  shall  be  taken  and  held 
by  them  respectively.  If  any  such  corporation,  county  or  natural  person 
use  to  take  and  hold,  the  subject  shall  be  taken  and  held  by  trustees 
appointed  as  hereinafter  directed.  In  either  case  it  shall  be  taken  and  held 
for  the  uses  prescribed  by  the  donor,  grantor,  or  testator,  or  such  as  have 
been  prescribed  in  any  particular  case  by  any  law  passed  since  the  said 
act  of  the  second  day  of  April,  in  the  year  eighteen  hundred  and  thirty-nine 
(Code,  Sec.  588) 

o.  Appointment  of  trustees  to  hold  gifts,  etc.— When  any  such  gift, 
gram  or  mil  is  recorded,  and  no  trustee  has  been  appointed,  or  the  trustee 
dies  or  refu  es  to  act,  the  circuit  court  of  the  county,  or  the  circuit  or  cor- 


'ame  .nt,  tion.     The  trustees,  whether  appointed  by    under    or  by  au* 

honty  of  such  mstrument,  or  under  a  charter  of  incorporation granted  for 

the  purpose  of  carrying  out  its  provisions,  or  under  this  sectioS    may  sue 

and  be  sued  in  the  same  manner  as  if  they  were  trustees  for  thp'hSt  J 

'  tain  natu,  on,  or  as  such  charter  oTin'rporatSn  ^  provide? 


Virginia  School  Laws  69 

and  said  trustees  shall  annually  render  and  state  before  the  commissioner 
of  accounts  for  the  county  or  city  wherein  the  trust  subject,  or  the  greater 
part  thereof,  is  situated,  an  account  showing  the  investment  of  the  trust 
funds,  the  receipts  from  such  investment,  or  from  other  sources,  and  the  dis- 
bursements of  the  same,  in  like  manner  as  is  required  of  every  personal 
representative,  guardian,  curator,  or  committee,  under  chapter  two  hundred 
and  twenty-one  of  this  Code.  In  enforcing  the  execution  of  any  such  trust 
a  suit  may  be  maintained  against  the  trustees  in  the  name  of  the  Common- 
wealth where  there  is  no  other  party  capable  of  prosecuting  such  suit.  The 
term  "trustees"  as  herein  used  shall  be  construed  to  mean  the  persons,  or 
governing  body,  charged  with  the  execution  of  the  trust,  whether  desig- 
nated as  "trustees,"  "directors,"  or  otherwise.  A  motion  under  this  section 
may  be  made  before  any  court  in  the  clerk's  office  of  which  such  gift,  grant 
or  will  is  recorded.     (Code,  Sec.  590) 

p.     Commonwealth's  Attorney  to  have   will   admitted   to   record. — The 

attorney  for  the  Commonwealth  for  any  county  or  city,  in  which  such  will 
could  be  offered  for  probate,  shall  in  the  name  of  the  Commonwealth,  insti- 
tute all  necessary  proceedings  to  have  such  will  admitted  to  record.  (Code, 
Sec.  589) 

q.  Attorney's  fees. — The  attorney  for  the  Commonwealth,  out  of  the 
trust  subject,  may  be  allowed  such  fee  for  his  services  as  said  court  shall 
deem  reasonable.     (Code,  Sec.  591) 

r.  Statutes  continued  in  force. — The  first,  second,  third,  fourth,  and 
fifth  sections  of  the  act  entitled  "an  act  concerning  the  estate  of  Martin 
Dawson,  deceased,  and  for  other  purposes,"  passed  March  tenth,  eighteen 
hundred  and  forty-one;  the  act  entitled  "an  act  authorizing  the  rector  and 
visitors  of  the  University  to  sell  certain  lands,"  passed  March  fifteenth, 
eighteen  hundred  and  fifty-eight;  the  act  entitled  "an  act  to  amend  and  re- 
enact  the  twenty-eighth  chapter  of  the  Acts  of  eighteen  hundred  and  sixty- 
six-seven,  so  as  to  provide  for  the  payment  of  interest  upon  the  Dawson 
fund,"  approved  January  eighteenth,  eighteen  hundred  and  seventy-two; 
and  the  act  entitled  "an  act  to  preserve  the  endowments  of  the  colleges  and 
other  literary  institutions  of  this  State,  where  they  are  held  in  the  obliga- 
tions of  the  State,"  approved  March  third,  eighteen  hundred  and  eighty-two, 
shall  continue  in  force.     (Code,  Sec.  592) 

15.     Custodian  of  School  Funds. 

a.  County  treasurers  to  receive  and  disburse  all  school  money;  collect 
school  levies  and  keep  separate  accounts. — All  school  moneys  to  be  disbursed 
in  any  county  shall  be  received,  kept,  and  disbursed  by  the  county  treasurer 
thereof,  subject  to  similar  responsibility  as  in  case  of  other  funds  by  law 
committed  to  him.  It  shall  be  his  duty  also  to  receive  and  collect  all  taxes 
levied  or  ordered  by  the  board  of  supervisors  of  his  county  for  public  free 
school  purposes  therein,  at  the  same  time  and  in  the  same  manner,  and 
subject  to  the  same  provisions,  regulations,  restrictions,  and  penalties  as  are 
or  may  be  prescribed  by  law  for  the  receipt  and  collection  of  county  levies 
for  other  and  ordinary  purposes.  He  shall  keep  the  district  funds  in  sepa- 
rate accounts  from  those  of  the  State  and  county;  but  his  books  shall  show 
whence  and  on  what  accounts  the  moneys  were  severally  derived,  and  by 
what  order,  on  what  account,  and  to  whom  the  disbursements  were  made. 
He  shall  make  disbursements  only  in  pursuance  of  a  warrant,  in  writing, 
from  the  proper  authority,  in  manner  and  form  as  prescribed  in  this  chapter. 
(Code,  Sec.  726) 

b.     How  treasurer's  accounts  to  be  rendered  and  examined. — The  county 
treasurer  shall,  on  the  first  day  of  December  of  each  year,  or  within  twenty 


70  Bulletin  State  Board  of  Education 


days  thereafter,  make  to  the  division  superintendent  of  schools,  on  blanks 
to  be  furnished  by  the  Superintendent  of  Public  Instruction,  a  report  show- 
ing the  amount  collected  on  account  of  the  State,  county,  and  district  school 
levies,  respectively,  prior  to  the  first  day  of  December  of  said  year,  on  which 
no  penalty  is  due,  and  also  the  balance  of  each  of  said  levies  uncollected, 
and  upon  which  the  penalty  of  five  per  centum  is  to  be  added,  and  showing 
the  number  and  amount  of  warrants  on  the  State,  county,  and  district 
funds  presented  for  payment  from  each  district,  respectively,  the  number 
and  amount  of  such  warrants  paid  by  the  treasurer,  and  the  balance  of 
State,  county,  and  district  funds  on  hand,  and  to  what  districts  due.  If  any 
treasurer  shall  fail  to  comply  with  the  provisions  of  this  section  it  shall  be 
the  duty  of  the  county  school  board  to  impose  a  fine  of  not  less  than  one  dol- 
lar, nor  more  than  five  dollars  a  day  for  each  day  of  such  delinquency,  the 
said  line  to  be  deducted  from  any  pay  or  percentage  of  such  treasurer.  The 
said  report  shall  be  verified  by  the  affidavit  of  the  treasurer. 

The  treasurer  of  every  town  constituting  a  single  school  district  shall 
perform  like  duties,  be  subject  to  like  fines  and  penalties,  and  be  entitled 
to  the  same  rate  of  compensation  as  the  treasurer  of  a  county.  (Code,  Sec. 
727) 

c.  Pay  warrants. — All  warrants  drawn  by  district  school  boards  upon 
the  State  school  tax  fund  shall  be  paid  by  the  county  or  city  treasurer  out 
of  any  State  funds  received  by  him  from  the  Auditor  of  Public  Accounts 
or  the  Second  Auditor.  But  in  no  case  shall  he  pay  out  a  greater  sum  for 
any  district  than  the  amount  of  State  school  funds  apportioned  to  said  dis- 
trict.     (Code,  Sec.  747) 

d.  Residue  distributed  bv  State  board. — (See  Code  of  Virginia,  Sec. 
749,  page  290) 

e.  Make  annual  report. — It  shall  be  the  duty  of  the  county  treasurer 
to  furnish  for  the  use  of  the  county  school  board  at  its  annual  meeting  in 
July,  a  report  for  the  school  year  closing  next  preceding  said  n>ceting, 
showing  in  detail  all  transactions  pertaining  to  the  receipt  and  disburse- 
ment of  school  funds  for  said  school  year,  together  with  his  books,  vouchers, 
or  other  official  papers,  which  contain  accounts  or  evidences  of  receipts  or 
disbursements;  and  likewise  it  shall  be  the  duty  of  the  clerks  of  the  district 
boards  to  lay  before  the  county  school  board  at  the  annual  meeting,  their 
official  record  and  account  books,  contracts,  deeds  and  all  other  official  books 
and  paper:  pertaining  to  the  school  business  of  the  year  just  closed.  Upon 
examination  of  these  records,  accounts,  or  papers,  should  there  appear  to 
have  been  any  delinquency  or  irregularity  in  the  acts  of  the  treasurer  or 
clerk  of  the  county  or  district  boards,  or  of  any  district  board,  or  any  mem- 
ber thereof,  it  shall  be  the  duty  of  the  county  school  board  to  cause  a  minute 
of  the  facts  to  be  made  in  its  records,  and  to  take  such  other  action  as  the 
case  may  require;  It  shall  also  be  the  duty  of  the  county  school  board  to 
can  e  all  warrants  which  have  been  presented  and  paid  by  the  county  treas- 
urer at  this  settlement  to  be  cancelled  by  some  efficient  cancelling  device, 
after  which  the  said  warrants  shall  be  delivered  to  the  division  superin- 
tendent, who  shall  keep  the  same  on  file  at  least  twelve  months  before  de- 
-troying  them.     (Code,  Sec.  728) 

f.  Division  superintendent  to  report  Treasurer's  failure  to  make  re- 
port.—(See  Section   10,  page  25).     (Code,  Sec.  729) 

g.  Unexpended  School  funds,  how  disposed  of. — All  sums  of  money 
derived  from  State  funds  which  are  unexpended  in  any  year  in  any  public 
free  school  district  shall  go  into  the  general  school  fund  of  the  State  for 
re-dh  act  year,  unless  the  State  Board  of  Education  direct  otherwise; 
and  all  sums  derived   from  the  county  or  district  funds  unexpended  in  any 

•  r    shall   remain  a  part  of  the  county  or  district  funds,  respectively,  for 


Virginia  School  Laws  71 


use  the  next  year.  But  no  sums  derived  from  county  or  district  funds 
shall  be  subject  to  re-division  outside  of  the  county  or  district  respectively. 
(Code,  Sec.  730) 

h.  Treasurer  required  to  furnish  statement  to  division  superintendent 
when  he  fails  to  pay  school  warrant. — (Code,  Sec.  731) 

i.  Treasurer  required  to  place  money  in  depositary,  if  he  fails  to  pay 
warrants  when  he  has  funds. — Whenever  any  county  or  city  treasurer  re- 
fuses or  fails  to  furnish  the  statement  as  required  in  the  preceding  sec- 
tion in  the  time  and  manner  therein  prescribed,  or  fails  to  pay  upon  presenta- 
tion any  warrant  drawn  on  him  for  school  purposes,  having  in  hand  suffi- 
cient funds  to  pay  such  warrant,  it  shall  be  the  duty  of  the  school  superin- 
tendent of  such  county  or  city  to  notify  the  school  board  thereof  of  such 
failure;  and  it  shall  be  the  duty  of  such  school  board  and  they  are  hereby 
empowered  to  direct  that  all  funds  held  by  the  treasurer  of  the  county  or 
city  for  school  purposes,  whether  they  be  State,  city,  county,  or  district 
funds,  be  transferred  and  paid  over  by  the  treasurer  of  said  county  or  city 
to  such  depositary  as  the  said  county  or  city  school  board  may  designate. 
No  commission  shall  be  allowed  said  treasurer  for  the  disbursement  of  any 
money  he  is  hereby  required  to  turn  over  to  the  depositary.  (Code,  Sec. 
732) 

j.  What  beards  shall  enter  on  their  minutes. — The  county  or  city 
school  board  shall  enter  on  their  minutes  an  order  or  resolution  directing 
the  transfer  of  funds  as  provided  by  the  preceding  section,  and  designate 
the  depositary  to  which  said  funds  are  to  be  paid,  and  shall  cause  a  copy  of 
said  order  or  resolution  to  be  delivered  to  the  judge  of  the  circuit  or  cor- 
poration court,  the  treasurer  of  the  county  or  city,  and  the  several  district 
school  boards  of  their  county.     (Code,  Sec.  733) 

k.  Depositary  to  give  bond. — Such  depositary  shall  reside  in  the  county 
or  city  for  which  he  is  appointed,  and  before  receiving  any  money  shall 
enter  into  bond  with  good  security  before  the  circuit  court  of  the  county  or 
the  corporation  court  of  the  city  or  the  judge  of  such  court  in  vacation  in 
such  penalty  as  shall  be  prescribed  by  such  court  or  judge,  which  bond  shall 
be  payable  to  the  Commonwealth,  and  with  conditions  to  faithfully  account 
for  and  pay  over  all  moneys  received  by  such  depositary  by  virtue  of  his 
office.     (Code,  Sec.  734) 

1.  Compensation  of  depositary. — Such  depositary  shall  receive  the  same 
compensation  as  is  paid  to  county  and  city  treasurers  for  disbursing  State 
school  funds,  and  be  subject  to  the  same  pains  and  penalties  as  are  now  in- 
flicted by  law  on  county  or  city  treasurers,  and  be  recovered  before  the  same 
courts  and  in  the  same  manner  as  the  same  are  recovered  of  such  treas- 
urers. All  laws  now  in  force  or  hereafter  enacted  with  reference  to  draw- 
ing warrants  for  school  funds  on  county  or  city  treasurers,  the  payment 
of  said  warrants,  making  settlements  with  county  or  city  school  boards, 
rendering  statements,  paying  over  funds  to  depositaries,  or  in  any  way  af- 
fecting the  disbursement  of  funds  held  by  county  or  city  treasurers  for 
school  purposes  shall  apply  to  such  depositaries  in  like  manner  as  the  same 
apply  to  such  county,  and  city  treasurers.     (Code.  Sec.  735) 

m.  Warrants  to  be  drawn  on  treasurer  in  favor  of  depositary. — As 
soon  as  the  bond  required  of  the  depositary  under  section  seven  hundred 
and  thirty-four  has  been  given,  the  city  school  board  and  the  several  district 
school  boards  shall  draw  warrants  on  such  treasurer  for  all  school  funds 
in  his  hands,  whether  State,  city,  county,  or  district  funds,  in  favor  of  said 
depositary  and  deliver  the  same  to  the  depositary.  The  warrants  shall  be 
signed  by  the  president  and  secretary  of  such  city  or  district  school  board, 


72  Bulletin  State  Board  of  Education 


and  shall  be  forthwith  presented  by  such  depositary  for  payment  to  the 
treasurer  of  such  city  or  county,  who  shall  pay  the  same  on  demand.  (Code, 
Spc.  736) 

n.  Penalty  on  treasurer  for  failure  to  pay  warrants. — If  any  treasurer 
of  any  citv  or  county  shall  fail  to  pay  any  such  warrant  on  demand  as  here- 
inbefore provided  the  amount  of  such  warrant,  together  with  damages 
thereon  at  the  rate  of  ten  per  centum  per  month  and  costs,  including  an 
attorney's  fee  of  five  dollars,  may  be  recovered  of  him  and  the  sureties  on 
his  official  bond  by  said  depositary  in  the  manner  and  before  the  courts  men- 
tioned in  sections  twenty-seven  hundred  and  eighty-seven  and  twenty-seven 
hundred  and  eighty-nine,  or  either  of  said  sections.  And  it  shall  be  the  duty 
of  such  depositary  to  take  such  proceedings  to  recover  the  amount  of  such 
warrants.     (Code,  Sec.  737) 

o.  State  funds  forwarded  Treasurer  by  Second  Auditor  on  scheme  of 
apportionment  furnished  by  State  Superintendent. — At  the  proper  time,  the 
Superintendent  of  Public  Instruction  shall  transmit  to  the  Second  Auditor 
and  to  each  division  superintendent  of  schools  and  treasurer  a  copy  of  the 
scheme  of  apportionment  of  State  school  funds  passing  through  the  hands 
of  the  said  Auditor,  and  to  be  distributed  among  the  counties  and  cities  on 
the  basis  of  the  school  population.  Whereupon  the  Second  Auditor  shall 
forward  to  the  treasurer  of  each  county  and  city  a  warrant  on  the  State 
Treasurer  for  the  amount  to  which  each  county  and  city  is  entitled,  and 
as  soon  as  the  money  has  been  received  by  the  county  or  city  treasurer,  he 
shall  inform  the  division  superintendent  of  the  fact.     (Code,  Sec.  753) 

p.  State  funds  to  cities  to  be  deposited  with  city  treasurers. — The  State 
school  funds  shall  be  apportioned  to  cities  separately  from  their  counties; 
and  all  funds  designed  for  the  benefit  of  public  free  schools  therein  shall  be 
deposited  with  the  treasurers  of  such  cities,  and  kept  by  said  treasurers  in 
separate  accounts,  and  disbursed  only  on  orders  from  the  city  school  boards, 
respectively. 

q.  School  officers  and  teachers  to  have  no  pecuniary  interest  in  con- 
tracts involving  school  funds: 

(1)  It  shall  be  unlawful  for  any  member  of  the  State  Board  of  Edu- 
cation, division  superintendent  of  schools,  school  trustee,  or  any  other  school 
officer  or  teacher  of  a  public  free  school  to  have  any  pecuniary  interest, 
directly  or  indirectly,  in  any  contract  for  building  a  public  free  school  house 
or  in  furnishing  material  to  a  contractor  for  building  such  school  house,  or 
in  supplying  book>,  maps,  school  furniture  or  apparatus  to  the  public 
free  schools  of  this  State,  or  act  as  agent  for  any  author,  publisher,  book- 
seller, or  dealer  in  any  such  school  furniture  or  apparatus,  directly  or  in- 
directly, receive  any  gift,  emolument,  reward  or  promise  of  reward,  for  his 
influence  in  recommending  or  procuring  the  use  of  any  book,  map,  school 
furniture,  or  apparatus  of  any  kind  in  any  public  free  school  of  this  State. 
Any  school  officer  or  teacher  who  shall  violate  this  provision,  besides  being 
removed  from  his  office  or  post,  shall  be  deemed  guilty  of  a  misdemeanor. 
The  State  Board  of  Education  in  the  case  of  a  school  officer  or  teacher  being 
the  author  of  any  school  book  or  map,  or  the  inventor  of  school  furniture 
or  apparatus,  may,  in  its  discretion,  make  specific  arrangements  whereby 
such  school  officer  or  teacher  may,  if  his  book,  map  or  invention  be  adopted 
the  proper  authority,  enjoy  the  benefits  of  the  proceeds  thereof  without 
offense;  but  no  unfair  advantage  shall  be  allowed  over  other  competitors 
in  securing  the  adoption  of  the  book,  map,  or  invention.     Exception  shall  also 

iade  in  the  case  of  a  merchant  who  in  the  regular  course  of  trade  and 
witl  ploying  agents  to  solicit  such  business,  sells  either  books  selected 

and  adopted  by  the  State  Board  of  Education  or  supplies  used  in  the  schools 
and  by  the  pupils.     (Code,  See.  fi82) 


Virginia  School  Laws  73 

(2)  It  shall  not  be  lawful  for  any  member  of  a  school  board,  or  any 
officer  of  the  public  free  schools,  or  any  firm  in  which  said  trustee  or  officer 
is  interested,  or  any  agent  of  such  trustee  or  officer,  to  be  concerned  in  any 
contract  with  a  public  free  school  board  or  a  committee  of  such  school  board 
for  any  work  or  labor  ordered  to  be  done,  or  for  goods,  wares  or  merchan- 
dise'or  supplies  of  any  kind  ordered  by  a  school  board  or  a  committee  of 
such  school  board,  except  as  provided  in  the  preceding  section.  It  shall  be 
unlawful  for  any  such  trustee  or  offiecr  to  sell,  convey,  or  deliver  any  goods, 
wares,  merchandise,  or  supplies  of  any  kind  to  a  school  board  or  a  com- 
mittee of  such  board,  or  to  receive,  directly  or  indirectly,  any  profit  or 
emolument  from  any  contract  with,  or  sale  to,  such  board  or  a  committee 
thereof,  except  as  provided  in  this  section.  If  any  such  contract  or  sale 
shall  be  made  it  shall  be  void,  and  if  such  claim  or  bill  be  paid,  the  amount 
paid,  with  interest,  may  be  recovered  by  any  county  or  district  within  two 
years  after  payment  by  action  or  motion  in  the  circuit  court  having  juris- 
diction over  said  county  or  district.     (Code,  Sec.  683) 

r.  Who  may  not  discount  warrants. — It  shall  be  unlawful  for  any 
•county,  district,  or  school  officer,  school  trustee,  or  officer  of  a  municipal  cor- 
poration in  this  Commonwealth  to  acquire  by  purchase,  at  less  than  its  face 
value,  directly  or  indirectly,  express  or  implied,  any  warrant  or  other  evi- 
dence of  indebtedness  issued  by  any  board  of  supervisors  or  any  common 
council  or  board  of  aldermen  of  any  county,  city  or  town  in  this  Common- 
wealth, or  any  warrant  or  claim  issued  by  any  of  the  public  free  school 
officers  or  school  boards  of  this  State  for  the  pay  of  teachers,  or  the  build- 
ing of  school  houses,  or  purchase  of  school  books,  school  furniture,  or  ap- 
paratus. Any  such  officer  or  trustee  violating  the  provisions  of  this  sec- 
tion shall  be  deemed  guilty  of  a  misdemeanor.  The  judge  of  every  circuit 
and  corporation  court  in  this  Commonwealth  shall  give  this  and  the  two 
preceding  sections  specially  in  charge  to  every  grand  jury  impaneled  therein. 
(Code,  Sec.  684) 

s.  Penalties  for  violations  in  general. — Any  division  superintendent  of 
schools,  school  trustee,  or  other  school  officer,  or  any  teacher  in  a  public  free 
school,  who  shall  by  malfeasance  or  neglect  offend  against  the  provisions  of 
this  chapter,  if  no  other  specific  penalty  be  prescribed,  shall  be  subject  to 
:a  fine  of  not  less  than  five  nor  more  than  fifty  dollars  for  each  offense. 

t.  Disposition  of  penalties. — All  penalties  and  forfeitures  imposed  by 
the  school  law  upon  a  division  superintendent  or  a  county  treasurer  of  the 
county,  and  all  penalties  imposed  upon  the  school  trustees  or  other  district 
school  officers,  or  upon  teachers,  shall  be  for  the  benefit  of  the  literary 
fund.  The  suit  for  such  penalties  shall  be  in  the  name  of  the  Common- 
wealth, and  if  prosecuted  in  a  court  of  record  it  shall  be  the  duty  of  the 
attorney  for  the  Commonwealth  for  the  county  to  conduct  tha  same.  It 
shall  also  be  the  duty  of  the  attorney  for  the  Commonwealth,  and  any  school 
officer  of  the  county,  or  of  any  school  district,  as  the  case  may  be,  to  set 
such  prosecution  on  foot:  provided,  that  if  a  penalty  shall  be  inflicted  for 
any  such  offense  by  any  of  the  school  authorities  in  pursuance  of  the  school 
law,  the  party  shall  not  be  a  second  time  subjected  to  a  penalty  therefor. 

u.     Use  of  school  funds: 

fl)  The  State  Fund  shall  be  used  for  the  following  purposes  and  none 
ether  not  authorized  by   statute: 

a'.  Fr  the  pay  of  teachers,  principals,  supervising  teachers  and  super- 
vising principals. 

b'.  Any  residue  may  be  used  to  pay  the  drivers  of  school  wagons.  But 
no  State  funds  shall  be  used  in  violation  of  section  1506  of  the  Code  which 
provides  that  said  fund  shall  be  applied  exclusively  to  the  maintenance  of 
primary    and    grammar    schools. 

(2)  County  Fund. — County  funds  shall  be  used  for  the  following  pur- 
poses and   none   other: 


74  Bulletin  State  Board  of  Education 


For   the   purposes   for  which   State   funds   may  be  lawfully  used  and   to- 
pay    high    scl I    teachers,    principals,    supervising    teachers    and    supervising 

aD'faTo    paj     thai    part   of   the   salarv    of   the   division    superintendent   which 
hhe    local    funds. 
To  pay    the  exp<  »i    Hie  school  trustee  electoral  board. 

incident    to   conducting    county   school    fairs    and    the 
,!in   demonstration  work. 
T.i    pay    the    necessr.ry    office    expenses   of   the   division    superintendent 
when    authorized    by    the    county    board. 

f.     Or  for  such  other  purposes  as  the  State  Board  of  Education  may  allow 

t. v   s Decia  I    resol u<  ion.  ,       ,   ,, 

lit    Funds. — The   district   funds   shall   be   used   for    the    following 

pun-  ind    11. .in'  other:  . 

For  the  purchases  of  real  estate  for  school  purposes  and  for  building. 
furnish  d    repairing  school  houses  including  sanitary  outhouses   and  put- 

ting  and  keeping    in    order   the    grounds   surrounding   the   same. 

I.  sary   contingent    expenses   of   the   district. 

c.  Any  residue  may  be  used  for  any  of  the  purposes  for  which  State  or 
county    in  be   lawfully    used.      (State   Board   Regulation) 

1C.     Summer  Schools. 

a.  May  be  established  by  State  Board  of  Education. —  (See  State  Board 
Section  19,  page  16). 

b.  Purpose. — rThe  purpose  of  said  summer  schools  shall  be  to  familiarize 
the  teachers  in  the  public  schools  of  this  State  with  more  advancer!  methods 
of  teaching:  anrl  to  furnish  such  additional  academic  training  as  will  tend  to 
promote  the  usefulness  of  the  public  schools. 

c.  How  conducted. — The  said  summer  schools  shall  be  conducted  under 
the  general  management  of  the  State  Board  of  Education,  and  shall  be  sub- 
ject to  the  supervision  of  the  Superintendent  of  Public  Instruction,  who 
shall,  from  time  to  time,  select  the  places  of  holding  said  summer  schools, 
the  instructors  thereof,  and  regulate  the  course  of  instruction  to  be  pursued 
therein. 

d.  Terms  and  regulations. — The  said  summer  schools  shall  be  held  for 
a  period  of  not  less  than  four  weeks  in  each  year,  beginning  on  such  day 
or  days  in  the  summer  vacation  of  the  public  schools  as  may  be  designated 
by  the  Superintendent  of  Public  Instruction.  The  sum  hereby  authorized 
to  be  expended  shall  be  applied  exclusively  to  the  payment  of  instructors  and 

all  other  necessary  expenses  incident  to  the  conduct  of  said  schools:  pro- 
vided, that  all  claims  for  services  of  instructors  and  other  necessary  expenses 
shall  he  submitted  to  and  approved  by  the  State  Board  of  Education,  and 
when  so  approved  shall  bepaid  by  warrants  of  said  board  drawn  on  the 
Second  Auditor,  and  a  separate  account  of  the  receipts  and  disbursements 
mi  account  of  the  appropriation  shall  be  kept  by  said  board.  (Code,  Sec. 
698) 

Virginia  Normal  and  Industrial  Institute  required  to  have  summer 
session.— The  president,  professors,  and  teachers  of  the  Virginia  Normal  and 
Industrial  Institute  shall  be  required,  during  each  and  every  year,  to  con- 
duct a  summer  normal  school  for  the  benefit  of  the  colored  teachers  of  the 
public  chool  of  this  State,  and  those  who  expect  to  become  teachers  in  the 
public  schools;  .aid  summer  normal  school  shall  begin  on  ;i  day  to  be  desig- 
nated by  the  hoard  of  visitors,  not  later  than  the  first  day  of  July,  and  to 
continue  for  a  term  of  four  weeks.  In  said  summer  school  shall  be  taught 
tali  branches  as  relate  to  the  academic  and  professional  improvement  oi 
teachers.     (Code,  Sec.  959) 


Virginia  School  Laws  75 


17.     Public  Schools  in  Cities  and  Towns. 

a.  Establishment. — An  efficient  system  of  public  free  schools  shall  be 
established  and  maintained  in  all  the  cities  and  towns  constituting  separate 
school  districts  of  the  State. 

The  public  free  school  system  shall  be  administered  by  the  following 
authorities,  to-wit:  A  State  Board  of  Education,  a  Superintendent  of  Pub- 
lic Instruction,  division  superintendents  of  schools,  and  city  school  boards. 
The  provisions  of  chapter  thirty-three,  except  as  provided  in  this  chapter, 
shall  be  applicable  to  such  cities  and  towns  in  like  manner  as  to  the  counties 
of  the  Commonwealth;  and  city  and  town  school  boards,  officers,  trustees, 
and  teachers,  as  well  as  city  and  town  treasurers,  are  charged  with  refer- 
ence to  the  public  free  schools  of  such  cities  and  towns  with  the  duties,, 
vested  with  the  powers  of  and  subject  to  the  limitations  and  penalties  im- 
posed upon  similar  officers,  boards,  trustees,  and  treasurers  in  the  counties 
by  chapter  thirty-three,  unless  otherwise  provided.     (Code,  Sec.  774) 

b.  Classification. — Cities  which  have  a  population  of  ten  thousand  and 
upwards,  shall,  for  school  purposes,  be  known  as  cities  of  the  first  class,  and 
cities  which  have  less  than  ten  thousand,  shall  be  know  a  as  cities  of  the 
second  class;  but  the  provisions  of  the  law  concerning  cities  shall  be  ap- 
plicable to  both  classes  alike,  unless  the  one  or  the  other  class  be  specifi- 
cally referred  to.      (Code,  Sec.  775) 

c.  Number  and  bounds  of  districts. — The  school  boards  of  the  respective 
cities  shall  have  power,  subject  to  the  approval  of  the  common  councils,  to" 
prescribe  the  number  and  boundaries  of  the  school  district.*  ;  but  until  such 
provision  is  made  every  such  city  which  is  not  divided  into  wards  shall  con- 
stitute a  single  school  district,  and,  in  every  city  which  is  divided  into  wards, 
each  ward  shall  be  a  school  district.  The  number  and  boundaries  of  dis- 
tricts shall  be  duly  reported  to  the  Superintendent  of  Public  Instruction 
and  recorded  in  his  office,  and  also  in  that  of  the  clerk  of  the  corporation 
court,  or  in  that  of  the  circuit  court  if  there  be  no  corporation  court.  (Code, 
Sec.  776) 

d.  Administration: 

(1)  SupeHntendent — 

a'.  Who  eligible. — No  mayor,  member  of  council,  or  treasurer  or  other 
officer  of  a  city,  town  or  county  shall  be  eligible  to  the  clfice  of  division 
superintendent  of  schools  of  such  city,  to'vn  or  county,  or  the  clerk  of  a 
school  board  of  such  city,  town  or  county;  but,  nothing  herein  contained 
shall  apply  to  towns  of  less  than  one  thousand  inhabitants. 

b'.  His  pay. — The  division  superintendent  of  a  city  shall  receive  pay 
from  the  State  in  like  proportion  as  other  division  superintendents  of 
schools;  but  nothing  herein  shall  be  construed  to  limit  the  amount  of  addi- 
tional remuneration  which  he  may  receive  from  the  council  of  the  city 
within  which  he  acts. 

c'.  When  to  teach. — The  division  superintendent  of  a  city  may  teach 
in  a  public  school,  ex-officio,  when  requested  so  to  do  by  the  city  school 
board. 

(2)  School  Board— 

a'.  Corporation. — The  school  trustees  of  each  city  shall  be  a  body  cor- 
porate under  the  name  and  style  of  "The  School  Board  of  the  City  of 
,"  by  which  name  it  may  sue  and  be  sued,  contract  and  be  con- 
tracted with,  and  purchase,  take  hold,  lease,  and  convey  school  property, 
both  real  and  personal.  The  title  to  all  school  property  both  real  and  per- 
sonal, within  the  city  shall  vest  in  the  said  board,  except  by  mutual  consent 
of  the  council  and  school  board  the  title  to  property  may  vest  in  the  city.. 


76  Bulletin  State  Board  of  Education 


The  trustees  of  the  several  districts,  where  there  are  more  than  one,  shall 
have  no  organization  or  duties  except  such  as  may  be  assigned  to  them  by 
the  consolidated  body. 

1,  Jurisdiction. — The  official  care  and  authority  of  the  school  board 
shall  cover  all  territory  included  in  the  corporate  limits  of  the  city  or  town 
constituting  a  separate  school  district,  and  also  shall  cover  all  school  prop- 
erty located  without  and  contiguous  to  the  corporate  limits  of  such  city  or 
town,  when  the  title  to  said  property  is  vested  either  in  the  school  board  of 
such 'city,  as  a  body  corporate,  or  in  the  city.  The  majority  of  its  mem- 
bers sha'lf  constitute  a  quorum.  It  shall  make  by-laws  and  regulations  for 
its  own  government  and  for  the  management  of  its  official  business,  so  far. 
as  they  do  not  conflict  with  the  provisions  of  the  law. 

c'.  Manner  of  election. — The  council  of  each  city  shall  appoint  three 
trustees  for  each  school  district  in  such  city,  whose  term  of  office  shall  be 
three  years,  respectively,  and  one  of  whom  shall  be  appointed  annually. 
If  a  vacancy  occurs  in  the  office  of  trustee  at  any  time  during  the  term,  the 
council  shall  fill  it  by  appointing  another  for  such  part  of  the  term  as  has 
not  expired.  Within  thirtv  days  preceding  the  day  on  which  the  term  of 
said  trustees  shall  expire'by  limitation,  and  within  the  like  number  of 
days  preceding  the  day  on  which  the  term  of  ?ny  trustee  shall  expire  by 
limitation  in  any  subsequent  year,  such  council  shall  appoint  a  successor 
to  each  such  trustee  in  office,  whose  term  shall  commence  when  the  term 
of  his  predecessor  shall  have  expired:  provided,  the  office  of  any  such  trustee 
•has  not  been   abolished  in  redisricting  the  city. 

.1'.  Qualification. — Every  school  trustee  shall,  at  the  time  of  his  ap- 
pointment, be  a  resident  of  the  school  district  for  which  appointed,  and  if 
he  shall  cease  to  be  a  resident  thereof,  his  office  shall  be  deemed  vacant. 
Before  entering  upon  the  discharge  of  the  duties  of  his  office  he  shall  take 
and  subscribe  the  oaths  prescribed  for  officers  of  the  State  before  the  cor- 
poration or  the  circuit  court;  or,  in  vacation,  before  the  judge  or  clerk  of 
said  court,  and  the  clerk  of  the  said  court  shall  make  in  his  re'ord  book 
a  minute  of  the  qualification  of  said  trustee. 

No  State  officer,  except  a  notary  public,  no  city  officer,  no  member  of 
council,  or  any  officer  thereof,  shall  during  his  term  of  office  be  chosen  or 
allowed  to  act,  as  a  school  trustee;  but  this  provision  shall  not  have  the 
effect  of  prohibiting  a  referee  in  chancery  or  commissioner  in  bankruptcy, 
or  member  of  the  board  of  health,  from  holding  such  office. 

e.     Duties: 

(1)  Submit  estimate  to  council. — It  shall  be  the  duty  of  the  school 
board  of  every  city,  once  in  each  year,  and  oftener,  if  deemed  neceissary, 
to  submit  to  the  council,  in  writing,  a  classified  estimate  of  what  funds  will 
be  needed  for  the  proper  maintenance  and  growth  of  the  public  schools  of 
the  city,  and  to  request  the  council  to  make  appropriation  accordingly. 

(2)  Establish  and  maintain  schools. — The  city  school  board  of  every 
city  shall  establish  and  maintain  therein  a  general  system  of  public  free 
schools  in  accordance  with  the  requirements  of  the  Constitution  and  the 
general  educational  policy  of  the  Commonwealth,  for  the  accomplishment 
of  which  purpose  it  shall  have  the  following  powers  and  duties: 

First.  To  explain,  enforce,  and  observe  the  school  laws,  and  to  make 
rules  for  the  government  of  the  schools,  and  for  regulating  the  conduct  of 
pupils   going  to  and  returning  therefrom 

Second.  To  determine  the  studies  to  be  pursued,  the  methods  of  teach- 
ing, and  government  to  be  employed  in  the  schools,  and  the  length  of  the 
iiool  term. 

Third.  To  employ  teachers  from  a  list  or  lists  of  eligibles  to  be  fur- 
nished by  the  division  superintendent  and  to  dismiss  them  when  delinquent, 
inefficient,  or  in  any  wise  unworthy  of  the  position ;  provided,  that  no  school 


Virginia  School  Laws  77 


board  shall  employ  or  pay  any  teacher  from  the  public  funds  unless  the 
teacher  shall  hold  a  certificate  in  full  force,  according  to  t"ie  provisions  of 
section  six  hundred  and  eighty-eight  of  the  laws  relating  to  the  public  free 
schools  in  counties;  and  provided,  further,  that  it  shall  not  be  lawful  for 
the  school  board  of  any  city  or  of  any  town  constituting  a  separate  school 
district  to  employ  or  pay  any  teacher  from  the  public  funds  if  said  teacher 
is  the  father,  mother,  brother,  sister,  wife,  son,  or  daughter  of  any  mem- 
ber of  said  board. 

Fourth.  To  suspend  or  expel  pupils  when  the  prosperity  and  efficiency 
of  the  school  make  it  n^'^sary. 

Fifth.  To  decide  what  children,  wishing  to  enter  the  schools  of  the 
city,  are  entitled  by  re:  son  of  the  poverty  of  their  parents  or  guardians  to 
receive  text-books  free  of  charge,  and  to  provide  for  supplying  them  accord- 
ingly. 

Sixth.  To  establish  high  and  normal  schools  and  such  other  schools 
as  may,  in  its  judgment,  be  necessary  to  the  completeness  and  efficiency  of 
the  school  system. 

Seventh.  To.  see  that  the  census  of  children  required  by  sections  six 
hundred  and  fifty-three  and  six  hundred  and  fifty-four  is  taken  within  the 
proper  time  and  in  the  proper  manner. 

Eighth.  To  hold  regular  meetings  and  to  prescribe  when  and  how 
special  meetings  may  be  called. 

Ninth.  To  call  meetings  of  the  people  of  the  city  for  consultation  in 
regard  to  the  school  interests  thereof,  at  which  meetings  the  chairman  or 
some  other  member  of  the  board  shall  preside  if  present. 

Tenth.  To  provide  suitable  school  houses,  with  proper  furniture  and. 
appliances,  and  to  care  for,  manage,  and  control  the  school  property  of  the 
city.  For  these  purposes  it  may  lease,  purchase,  or  build  such  houses  ac- 
cording to  the  exigencies  of  the  city  and  the  means  at  its  disposal.  No 
school  house  shall  be  contracted  for  or  erected  until  the  plans  therefor 
shall  have  been  submitted  to  and  approved  in  writing  by  the  division  super- 
intendent of  schools,  and  no  public  school  shall  be  allowed  in  any  building 
which  is  not  in  such  condition  and  provided  with  such  conveniences  as  are 
required  by  a  due  regard  to  decency  and  health ;  and  when  a  school  house 
appears  to  the  division  superintendent  of  schools  to  be  unfit  for  occupancy, 
it  shall  be  his  duty  to  condemn  the  same,  and  .immediatelv  to  give  notice 
thereof,  in  writing,  to  the  chairman  of  the  school  board,  and  thenceforth  no 
public  school  shall  be  held  therein,  nor  shall  any  part  of  the  State  or  city 
fund  be  applied  to  support  any  school  in  such  house  until  the  division  super- 
intendent shall  certify,  in  writing,  to  the  city  school  board  that  he  is  satis- 
fied with  the  condition  of  such  building  and  with  the  appliances  pertaining 
thereto. 

Eleventh.  To  visit  the  public  free  schools  within  the  city,  from  time 
to  time,  and  to  take  care  that  they  are  conducted  according  to  law,  and 
with  the  utmost  efficiencv. 

Twelfth.  To  manage  and  control  the  school  funds  of  the  citv,  to  pro- 
vide for  the  pay  of  teachers  and  of  the  clerk  of  the  board,  for  the  cost  of 
providing  school  houses  and  the  appurtenances  thereto  and  the  repairs 
thereof,  for  school  furniture  and  appliances,  for  necessary  text-books  for 
indigent  children  attending  the  public  free  schools,  and  for  any  other  ex- 
penses attending  the  administration  of  the  public  free  school  system,  so  far 
as  the  same  is  under  the  control  or  at  the  charge  of  the  school  officers. 

Thirteenth.  To  examine  all  claims  against  the  school  board,  and  when 
approved,  to  pay  the  same;  provided,  that  a  record  of  such  approval  shall 
be  made  in  the  proceedings  of  the  board,  and  a  warrant  on  the  city  treas- 
urer shall  be  drawn,  signed  by  the  chairman  of  the  board  and  countersigned 
by  the  clerk  thereof,  payable  to  the  person  or  persons  entitled  to  receive 


78  Bulletin  State  Board  of  Education 


such  money,  and  stating  on  its  face  the  purpose  or  service  for  which  it  is 
to  be  paid,  and  that  such  warrant  is  drawn  in  pursuance  of  an  order  en- 
tered by  the  board  on  the day  of 

Fourteenth.  It  shall  be  the  duty  of  the  school  board  of  every  city, 
once  in  each  year,  and  oftener  if  deemed  necessary,  to  submit  to  the  coun- 
cil, in  writing,  a  classified  report  of  all  expenditures  and  a  classified  esti- 
mate of  what  funds  will  be  needed  for  the  proper  maintenance  and  growth 
of  the  public  schools  of  the  city,  and  to  request  the  council  to  make  provi- 
sion by  appropriation  or  levy,  for  the  same. 

Fifteenth.  To  perform  such  other  duties  as  shall  be  prescribed  by 
the  State  Board  of  Education  or  are  imposed  by  other  parts  of  this  chapter. 

City  school  boards  shall  in  general  have  the  same  power  in  relation  to 
the  condemnation  or  purchase  of  land  and  to  the  vesting  of  the  title  thereof, 
and  also  in  relation  to  the  title  to  and  management  of  property  of  any  kind 
applicable  to  school  purposes,  whether  heretofore  or  hereafter  set  apart 
therefor,  and  however  set  apart,  whether  by  gift,  grant,  de\  ise,  or  any  other 
conveyance  and  from  whatever  source,  as  county  and  district  school  boards 
have  in  the  counties.  They  shall  also  have  a  clerk,  who  may  or  may  not 
be  a  member  of  the  board  and  who  shall  be  charged  with  the  same  duties 
as  the  clerk  of  district  school  board,  and  whose  salary  shall  be  fixed  by 
the  board. 

18.    School  Buildings. 

a.  Plans,  site,  etc.,  must  be  approved  by  division  superintendent. — (See 
section  g,  page  19). 

b.  Requirements: 

(1)  Floor  spare. — No  plans  for  the  erection  of  any  school  building  or 
addition  thereto  shall  be  approved  by  the  division  superintendent  of  schools 
unless  the  same  shall  provide  at  least  fifteen  square  feet  of  floor  space. 
(Part  Sec.  674,  Code  of  Va.) 

(2)  Air  space. — And  two  hundred  cubic  feet  of  air  space  for  each 
pupil  to  be  accommodated  in  each  study  or  recitation  room  therein.  (Part 
Sec.  674,  Code  of  Va.) 

( .", )  \'<  a  illation. — And  no  such  plan  shall  be  approved  by  said  division 
superintendent  unless  provision  is  made  therein  for  assuring  at  least  thirty 
cubic  feet  of  pure  air  every  minute  per  pupil,  and  the  facilities  for  ex- 
hausting the  foul  and  vitiated  air  therein  shall  be  positive  and  independent 
of  atmospheric  changes.     (Part  Sec.  674,  Code  of  Va.) 

(4)  Height  of  ceilings. — All  ceilings  shall  be  at  least  twelve  feet  in 
height.     (Part  Sec.  674,  Code  of  Va.) 

(5)  Halts,  doors,  stairways,  etc. — All  school  houses  for  which  plans 
and  detailed  statements,  shall  be  filed  and  approved  by  said  division  superin- 
tendent, shall  have  all  halls,  doors,  stairways,  seats,  passage-ways,  and 
aisles,  and  all  lighting  and  heating  appliances  and  apparatus,  arranged  to 
facilitate  egress  in  cases  of  fire  or  accidents,  and  to  afford  the  requisite  and 
proper  accommodations  for  public  protection  in  such  cases.  All  exit  doors 
in  any  school  houses  of  two  or  more  stories  in  height  shall  open  outwardly. 
No  staircase  shall  he  constructed  except  with  straight  runs,  changes  in 
direction  being  made  by  platforms.  No  doors  shall  operi  immediately  upon 
a  flight  of  stairs,  but  a  landing  at  least  the  width  of  the  doors  shall  be  pro- 
vided between  such  stairs  and  such  doorway.     (Code,  S'jc.  675) 

(6)  Light. — All  school  houses,  as  aforesaid,  shall  provide  for  the  ad- 
mission of  li^ht  from  the  left,  or  from  the  left  and  rear  of  the  pupils,  and 
the  total  light  area  must  be  at  least  twenty-five  per  centum  of  the  floor 
space. 


Virginia,  School  Laws  79 

(7)  Outhouses,  toilets,  etc. — Every  school  board  shall  provide  at  least 
two  suitable  and  convenient  outhouses  or  water  closets  for  each  of  the  school 
houses  under  its  control,  unless  the  said  school  houses  have  suitable,  con- 
venient and  sanitary  water  closets  erected  within  same.  Said  outhouses 
or  water  closets  shall  be  entirely  separated,  each  from  the  other,  and  shall 
have  separate  means  of  access.  School  boards  shall  see  that  said  outhouses 
or  water  closets  are  kept  in  a  clean  and  wholesome  condition.  (Code,  Sec. 
676) 

c.  State  Board  of  Health  authorized  to  make  rules  requiring  school 
buildings  to  be  so  arranged  as  to  safeguard  health. — The  State  Board  of 
Health  shall  have  the  power  to  make,  adopt,  promulgate  and  enforce  reason- 
able rules  and  regulations  from  time  to  time  requiring  and  providing  for 
the  thorough  sanitation  and  disinfection  of  all  passenger  cars,  sleeping 
cars,  steamboats,  and  other  vehicles  of  transportation  in  this  State,  and 
also  of  all  convict  camps,  penitentiaries,  jails,  hotels,  schools  and  other 
places  used  by  or  open  to  the  public;  to  provide  for  the  care,  segregation 
and  isolation  of  persons  having,  or  suspected  of  having,  any  communicable, 
contagious  or  infectious  disease;  to  regulate  the  method  of  disposition  of 
garbage  or  sewage  and  any  other  refuse  matter  in  or  near  any  incorporated 
town,  city,  or  unincorporated  town  or  village  of  this  State;  to  provide  for 
the  thorough  investigation  and  study  of  the  causes  of  all  diseases,  epi- 
demics and  otherwise,  in  this  State,  and  the  means  for  the  prevention  of 
contagious  disease,  and  the  publication  and  distribution  of  such  informa- 
tion as  may  contribute  to  the  preservation  of  the  public  health,  and  the  pre- 
vention of  disease;  to  make  separate  orders  and  rules  to  meet  any  emer- 
gency, not  provided  for  by  general  rules  and  regulations,  for  the  purpose 
of  suppressing  nuisances  dangerous  to  the  public  health  and  communicable, 
contagious  and  infectious  diseases  and  other  dangers  to  the  public  life  and 
health ;  but  nothing  herein  contained  shall  be  construed  as  in  anywise  pre- 
venting or  restricting  any  person  so  segregated  or  isolated  from  choosing 
his  own  method  of  treatment,  or  in  anywise  limiting  any  diseased  person 
in  his  right  to  choose  or  select  whatever  method  or  mode  of  treatment  he 
may  believe  to  be  the  most  efficacious  in  the  cure  of  his  ailment;  nor  shall 
anything  herein  contained  be  construed  as  in  anywise  limiting  any  duty, 
power  or  powers  now  possessed  by  or  heretofore  granted  to  the  said  State 
Board  of  Health  by  the  statutes  of  this  State,  or  as  affecting,  modifying 
or  repealing  any  rule  or  regulation  heretofore  adopted  by  said  board. 

Any  person  who  shall  violate,  disobey,  refuse,  omit  or  neglect  to  com- 
ply with  any  rule  of  said  State  Board  of  Health,  made  by  it  in  pursuance 
of  this  section  shall  be  guilty  of  a  misdemeanor. 

d.  State  Board  of  Health  Regulations  concerning  sanitation  in  schools: 

(1)  Kvery  building  used  for  public  school  purposes,  public  or  private, 
shall  comply  with  the  State  law  regarding  the  amount  of  cubic  space  per 
pupil  and  amount  of  fresh  air  to  be  supplied.  (Code,  Sections  674,  675  and 
676) 

The  air  in  any  school-room  at  all  times  shall  be  kept  in  a  wholesome  con- 
dition, and  exercises  shall  be  suspended  as  often  as  necessary  in  order  to  re- 
new  the  air   in   any  room  the   ventilation   of  which    is  defective. 

(2)  No  school-room  shall  be  swept  except  after  all  school  exercises  have 
been    concluded    for   the   day. 

The  floor  of  no  school-room  shall  be  swept  without  first  having  been 
sprinkled  with   water  or  covered  with   damp   sawdust   or   damp  paper. 

All    sweepings    shall   be   removed    daily    from    the   school-room. 

The  furniture  and  woodwotk  of  every  building  shall  be  wiped  down  with 
ah  approved  disinfectant  solution  at  least  once  each  month,  and  shall  be 
wiped   with    a   damp   cloth   at   lenst  once   each    week. 

(3)  Every  room  used  for  school  purposes,  public  or  private,  shall  be  fur- 
nished at  all  times,  when  in  us"-,  with  an  adequate  suoply  of  drinking  water 
of  good  sanitary  quality.  This  shall  be  running  water  wherever  same  is 
available.  If  running  water  is  not  available  a  tank  or  cooler  shall  be  sup- 
plied, furnished  with  a  spigot;  or  a  dipper  shall  be  supplied,  which  shall  be 
used   only   for  dipping   the  wate"   from   such    tank   or    cooler. 


80  Bulletin  State  Board  of  Education 


!.,    -,,m, t,,m    to    the   dipper    there    shall    be    furnished    a   cup   or    glass   to    be 

„■  v    r    r   drinkVnK    and   which   shall   not   be  used   tor   dipping   water   from 

?h^  tank7 or  bucket  OT* any  other   purpose.      The  contents   of   every   receptacle 

imkinfr    water    must    be    renewed    fresh    every    morning,    and    every    re- 

,',',.     ,1,,;,,,  ,.,  up.  or  glass  shall  be  well  washed  every  morning  and  scalded 

^a\^C,-Uui^^^^^^^ool   purposes    shall    be    furnished 

ith    two    closets     one    for    males    and    one    for    females,    separated    as    far    as 

SSbfffrom  eaih  othS   and   10   arranged   as   to    give    the   greatest   possible 

priV^„i?nSf1Snwhi™Vat^e,and   sewerage   are    available    shall    be   Provided 

and   maintained    in   *cty"~.      sn    n  be  at   an   times   maintained   in   a  clean   and 
^,?t;%C,c0oSnedttionUCVCd0op\edSby  kate   Board   of  Health.   July   13,   1910) 

e  Use  of  common  towels  prohibited.— It  shall  be  unlawful  for  any  per- 
son firm  or  corporation  to  placo,  furnish  or  keep  in  place  in  any  hotel,  office 
ffldiiS  railway  train,  railway  station,  public  or  private  school,  public 
lavatory  or  washroom,  any  towel  for  the  common  public  use,  and  no  person 
firm  or  corporation  in  charge  or  control  of  any  such  p  ace  shal  permit  in 
such  place  the  use  of  the  common  towel,  "roller  towel"  or  towels  intended 
or  available  for  common  use  by  more  than  <sne  person  without  being  laun- 
dered after  such  use.  Any  person,  firm  or  corporation  violating  any  ot 
the  provisions  of  this  section  shall  be  deemed  guilty  of  a  misdemeanor 
and,  upon  conviction  thereof,  shall  be  punished  by  a  fine  of  not  less 
than  five  nor  more  than  fifty  dollars.     (1916,  p.  496.)      (Code,  Sec.  1517) 

f.  Burning  or  destroying  schoolhouses ;  how  punished. — If  any  person 
maliciously  burn,  or  by  the  usr;  of  dynamite  or  nitro-glycerine,  or  any  other 
explosive  substance,  maliciously  destroy,  in  whole  or  in  part,  any  meeting- 
house, court-house,  town-house,  college,  academy,  school-house  or  other 
building  erected  for  public  use  (except  an  asylum,  hotel,  jail,  or  prison), 
or  any  banking-house,  warehouse,  storehouse,  manufactory,  mill,  or  other 
house* of  another  person,  not  usually  occupied  by  persons  lodging  therein 
at  night,  at  a  time  when  any  person  is  therein,  or  if  he  maliciously  set  fire 
to  anything,  by  the  burning  whereof  any  building  mentioned  in  this  section 
shall  be  burned,  at  a  time  when  any  person  is  therein,  he  shall  be  confined 
in  the  penitentiary  not  less  than  three  nor  more  than  fifteen  years.  If 
such  offense  be  committed  when  no  person  is  in  such  building  mentioned 
in  this  section,  the  offender  shall  be  punished  by  confinement  in  the  peni- 
tentiary not  less  than  two  nor  more  than  ten  years.     (Code,  Sec.  4430) 

g.  Injury  to  schoolhcuses ;  hov.  punished. — If  any  person  wilfully  and 
maliciously  break  any  window  or  door  of  the  capitol,  or  in  any  courthouse, 
house  of  public  worship,  college,  schoolhouse,  city  or  town  hall,  or  other 
public  buildingj  or  wilfully  and  maliciously  injure  or  deface  the  capitol, 
or  any  statuary  in  the  capitol  or  on  the  capitol  square,  or  in  any  other 
public  buildings,  or  on  any  public  grounds;  or  wilfully  and  maliciously 
injure  or  deface  any  courthouse,  house  of  public  worship,  or  city  or  town 
hall,  or  other  public  building;  or  wilfully  and  maliciously  destroy  or  carry 
away  furniture  belonging  to  or  in  either  of  the  said  buildings;  he  shall 
be  fined  not  excocding  three  hundred  dollars,  or  confined  in  jail  not  ex- 
ceeding sixty  days,  or  both.      (Code,    Sec.   4482) 

h.  \  misdemeanor  to  disturb  a  school. — If  any  person  wilfully  inter- 
rupt, molest,  or  disturb  the  exercise  of  any  free  school  or  any  other  school 
or  of  any  literary  society,  or  being  intoxicated,  disturb  the  same,  whether 
wilfully  or  not,  he  shall  be  guilty  of  a  misdemeanor.      (Cede,  Sec.  4577) 


Virginia,  School  Laws  81 


19.    School  Taxes. 

a.  Taxes  on  lands  and  lots,  ground  rents,  and  rent  charge. —    *    *    * 

There  shall  be  a  tax  of  ten  cents  on  every  hundred  dollars  of  the  assessed 
value  thereof,  which  shall  be  applied  to  the  support  of  the  public  free 
schools  of  the  State.  (Code,  Section  2205.)  (See  act  of  March  15J'  1918, 
imposing  special  tax  of  8  cents.) 

b.  Tax  on  persons. — Upon  every  male  person,  classified  in  Schedule 
A,  there  shall  be  a  tax  of  one  dollar  and  fifty  cents,  of  which  one  dollar 
shall  be  for  aid  of  the  public  free  schools  and  fifty  cents  shall  be  returned 
and  paid  into  the  treasury  of  the  county  or  city  in  which  it  shall, have  been 
collected.     (Virginia  Tax  Laws,  sec.  5) 

Since  the  ratification  of  the  nineteenth  amendment  this  law  is  also  ap- 
plicable to  all  female  citizens. 

c.  Taxes  on  tangible  personal  property. — On  all  personal  property 
mentioned  in  Schedule  B,  as  listed  on  pages  41  and  42  of  Virginia  Tax 
Laws,  there  shall  be  a  tax  of  ten  cents  on  every  hundred  dollars  of  the 
assessed  valuation  thereof,  which  shall  be  applied  to  the  support  of  the 
public  free  schools  of  this  State.  (Segregation  act,  approved  March  15, 
1915.) 

An  Act  approved  March  15,  1918,  imposes  an  additional  tax  of  four  cents 
for  public  schools  of  the  primary  and  grammar  grades  from  the  first  to  the 
seventh  grades,  inclusive. 

d.  Taxes  on  intangible  personal  property. — See  sections  8  and  9,  pages 
43-44-45-46-47-48  of  Virginia  Tax  Laws. 

e.  Taxes  on  railway  and  canal  corporations. — See  sections  27,  28  and 
29,  pages  78  to  96  of  the  Virginia  Tax  Laws. 

f.  Taxes   on   incorporated    telegraph    and   telephone    companies. — See 

pages  100  to  105  of  the  Virginia  Tax  Laws. 

g.  Taxes  on  water,  heat,  light  and  power  companies. — See  pages  105 
to  110  of  the  Virginia  Tax  Laws. 

h.     School   taxes   to  be  separately   assessed  and   paid  in   money. — (As 

amended  by  act  approved  February  19,  1904.)  All  taxes  assessed  on  prop- 
erty, real  or  personal,  by  this  act,  and  by  it  dedicated  to  the  maintenance 
of  the  public  free  schools  of  this  State,  shall  be  paid  and  collected  only 
in  lawful  money  of  the  United  States,  and  shall  be  paid  into  the  treasury 
to  the  credit  of  the  free  school  fund,  and  shall  be  used  for  no  other  pur- 
poses whatever.  And  to  this  end  the  Auditor  of  Public  Accounts  shall  have 
the  books  of  the  commissioners  of  the  revenue  prepared  with  reference  to 
the  separate  assessments  and  collection  of  said  school  tax,  and  the  treas- 
urers of  the  several  counties  and  cities  of  the  Commonwealth  shall  have 
the  tax  bills  in  their  respective  counties  and  cities  so  made  out  as  to  specify 
the  amount  of  tax  due  from  each  tax  payer  to  the  said  public  free  school 
fund,  including  the  capitation  tax  and  school  taxes  of  whatever  kind  or 
nature,  and  to  keep  said  capitation  tax  and  school  taxes  separate  and  dis- 
tinct from  all  other  taxes  or  revenue  so  collected  by  him  and  forward  the 
same  thus  separate  and  distinct  to  the  Auditor  of  Public  Acounts,  which 
shall  be  kept  separate  and  distinct  by  him  from  all  other  taxes  or  revenues 
until  paid  the  public  free  schools.     (Sec.  145,  page  197,  Virginia  Tax  Laws.) 

i.  Segregation  of  taxable  real  estate  and  tangible  personal  property  for 
local  taxation  only,  with  certain  exceptions. — All  taxable  real  estate  and  all 
taxable  tangible  personal  property  and  the  tangible  personal  property  of 
public  service  corporations  (except  rolling  stock  of  corporations  operating 
railroads  by  steam)  and  also  the  capital  of  merchants,  is  hereby  segregated 
and  made  subject  to  local  taxation  only,  except  that  there  shall  be  a  school 
tax  of  ten  cents  on  every  one  hundred  dollars  of  the  assessed  value  of  said 


82  Bulletin  State  Board  of  Education 


real  estate,  and  tangible  personal  property,  which  tax  shall  be  applied  to 
the  support  of  the  public  free  schools  for  the  equal  benefit  of  all  the 
people  of  the  State,  to  be  apportioned  on  a  basis  of  school  population.  (Sec. 
2205,  page  276  of  the  Virginia  Tax  Laws) 

j.  Assessment  of  school  taxes;  district  taxes  to  be  kept  separate;  duty 
of  Auditor  as  to  land  and  property  books. — See  section  14,  subsection  "i," 
page  65,  this  volume. 

k.  Hoard  of  supervisors  to  lay  levy  for  school  taxes  and  to  pay  in- 
terest on  school  bonds. — See  School  Funds,  Sec.  14,  subsection  f,  page  64 
this   volume. 

I.  Maximum  rate  of  levy  for  local  school  taxes. — See  School  Funds, 
Sec.  14,  subsection  f,  page  64,  this  volume. 

m.  Treasurer's  compensation  for  receiving  and  disbursing  school 
taxes: 

(1)  State  School  Taxes. — Every  treasurer  shall  be  allowed  for  his 
services  in  receiving  and  paying  over  the  State  revenues  on  amounts  of 
twenty-five  thousand  dollars  and  less,  five  per  centum,  and  on  amounts  in 
excess  of  twenty-five  thousand  dollars,  three  and  one-half  per  centum, 
which  shall  be  the  entire  compensation  allowed  treasurers  in  counties  and 
cities  in  which  the  revenue  exceeds  twenty-five  thousand  dollars;  provided 
that  in  counties  and  cities  in  which  the  revenue  does  not)  exceed  ten  thou- 
sand dollars,  he  shall,  in  addition  to  the  five  per  centum,  receive  four  per 
centum  on  all  revenues  remaining  unpaid  on  December  first  and  collected 
by  him;  and  in  counties  and  cities  in  which  the  revenue  exceeds  ten  thou- 
sand and  does  not  exceed  fifteen  thousand  dollars,  he  shall,  in  addition  to 
the  five  per  centum,  receive  three  per  centum  on  all  the  revenue  remaining 
unpaid  December  first,  and  collected  by  him;  provided,  further,  that  the  com- 
missions of  the  city  treasurer,  for  collecting  and  paying  over  the  revenue 
where  the  annual  collection  is  in  excess  of  sixty  thousand  dollars,  shall  be 
at  the  rate  of  two  per  centum  on  such  excess;  provided,  further,  that  where 
the  revenue  exceeds  fifteen  thousand  dollars,  but  is  not  sufficient  in  excess 
thereof  to  make  the  treasurer's  compensation  as  much  as  it  would  have  been 
had  such  revenue  been  less  than  fifteen  thousand  dollars,  the  treasurer  shall 
be  entitled  to  two  per  centum  commission  on  all  revenue  remaining  unpaid 
the  first  of  December  and  collected  by  him  up  to  fifteen  thousand  dollars. 
In  computing  commissions  of  the  treasurer  for  receiving  and  disbursing 
State  revenue  under  this  section,  such  revenues  shall  be  treated  as  a  single 
fund. 

(2)  Local  Levies: 

a'.  The  county  treasurer  shall  be  allowed  for  his  services  in  receiving 
and  disbursing  the  county  and  school  levies,  including  all  moneys  collected 
by  order  of  the  county  authorities  for  any  purpose,  the  compensation  pro- 
vided for  in  the  preceding  section,  and  the  city  treasurer  shall  be  allowed 
for  his  services  in  receiving  and  disbursing  the  city  and  school  levies 
(where  he  is  collector  of  such  levies)  the  same  rate  of  compensation  allowed 
by  the  preceding  section  for  receiving  and  paying  over  the  revenues,  ex- 
cept on  all  amounts  over  twenty-five  thousand  dollars,  on  which  such  city 
treasurer  shall  be  allowed  three  and  a  half  per  centum.  But  upon  all  funds 
turned  over  by  any  outgoing  county  treasurer,  his  successor  for  receiving 
and  disbursing  said  funds  shall  have  not  more  than  two  per  centum  com- 
mission. In  computing  the  treasurer's  commissions  for  receiving  and  dis- 
bursing the  county  levies,  such  levies  for  school  purposes  shall  be  treated 
as  a  single  and  distinct  fund  and  the  levies  for  all  other  local  purposes 
shall  be  treated  as  a  single  and  distinct  fund. 


Virginia,  School  Laivs  83 


b'.  For  receiving  and  disbursing  the  money  derived  from  sale  of  gen- 
eral county  or  city  bonds,  or  district  road,  bridge  or  school  bonds,  the  treas- 
urer shall  receive  as  compensation  for  his  services  one-fourth  of  one  per 
centum  of  the  amount  of  the  proceeds  of  sale  of  such  bonds,  and,  in  addi- 
tion, the  reasonable  costs  to  him  of  additional  surety  bond  required  to  be 
given  by  him  on  account  of  such  bond  issue. 

c'.  On  money  appropriated  to  counties  and  cities  for  school  purposes 
by  the  General  Assembly,  and  on  amounts  apportioned  from  the  literary 
fund,  the  county  "or  city  treasurer  shall  receive  as  compensation  for  his 
services  such  compensation  as  shall  be  allowed  by  the  school  boards  of  the 
counties  and  cities,  not  exceeding  one  per  centum  on  the  amount  of  such 
school  funds  received  and  disbursed  by  him. 

d'.  For  receiving  and  disbursing  amounts  of  delinquent  taxes  collected 
by  clerks  of  courts  and  turned  over-  by  said  clerks  to  a  treasurer,  the 
treasurer  shall  receive  as  compensation  for  his  services  five  per  centum 
of  such  amounts  turned  over  to  him. 

For  collecting  delinquent  taxes  from  taxpayers  prior  to  sale  of  prop- 
erty for  delinquent  taxes,  and  for  money  received  from  the  sale  of  land 
for  delinquent  taxes  the  treasurer  shall  receive  as  compensation  for  his 
services  ten  per  centum  of  such  delinquent  taxes  collected  by  him. 

e'.  On  money  appropriated  by  the  General  Assembly  for  road  pur- 
poses county  treasurers  shall  receive  compensation  for  their  services  one- 
fourth  of  one  per  centum  of  such  amounts  received  and  disbursed  by  them. 

f.  For  receiving  and  disbursing  the  money  turned  over  to  him  by  an 
outgoing  treasurer,  the  treasurer  shall  receive  as  compensation  for  his 
services  two  per  centum  of  the  amount  of  such  money  turned  over  to  him 
to  be  paid  by  the  outgoing  treasurer  and  for  collecting  the  tax  tickets 
turned  over  to  him  and  disbursing  the  proceeds  thereof,  he  shall  receive 
three  and  one-half  per  centum,  except  that  on  school  funds  turned  over 
to  him  derived  from  appropriations  by  the  State  or  apportionments  of  the 
literary  fund  his  compensation  shall  be  one  per  centum  of  the  amounts  of 
such  funds  turned  over  to  him,  and  on  funds  derived  from,  county,  city,  or 
district  bond  issues  his  compensation  shall  be  one-fourth  of  one  per  centum 
of  the  amounts  of  such  funds  turned  over  to  him. 

Nothing  in  this  section  shall  prevent  councils  of  cities  from  fixing  the 
amount  of  compensation  of  treasurers  of  said  cities  in  cases  in  which  said 
councils  are  empowered  by  law  to  fix  amount  of  compensation  of  treasurers 
of  said  cities. 

On  the  real  estate,  personal  property,  public  service  corporations,  and 
other  taxes  received  bv  the  State,  prior  to  the  segregation  of  taxes  under 
an  act  approved  February  sixteenth,  nineteen  hundred  and  fifteen,  entitled 
an  act  to  segregate  for  the  purpose  of  taxation,  pursuant  to  section  one  hun- 
dred and  sixty-nine  of  the  Constitution  of  Virginia,  the  several  kinds  and 
classes  of  property  so  as  to  specify  and  determine  upon  what  subjects  State 
taxes,  and  upon  what  subject  local  taxes  may  be  levied,  and  to  provide  for 
the  continuance  for  the  year  nineteen  hundred  and  fifteen  of  the  present 
State  school  tax  of  ten  cents  on  everv  one  hundred  dollars  of  the  as- 
sessed value  of  real  estate  and  tangible  personal  property,  as  further 
amended  by  an  act  approved  March  twenty-second,  nineteen  hundred  and 
sixteen,  but  thereafter  collectible  for  local  purposes,  the  treasurers  of 
cities,  counties  and  towns,  shall  be  paid  for  the  tax  year  of  nineteen  hun- 
dred and  twenty,  and  for  each  year  thereafter  the  same  commissions  as 
allowed  by  law  for  collection  of  the  State  revenue  at  the  time  of  the  ap- 
proval of  the  act,  of  February  sixteenth,  nineteen  hundred  and  fifteen;  pro- 
vided, where  there  is  a  collector  of  taxes  in  any  city  of  over  fifty  thousand 
inhabitants,  the  said  commissions  shall  not  be  paid  by  the  treasurer  of  such 
city  on  taxes  collected  by  the  city  collector. 


84  Bulletin  State  Board  of  Education 


g'.  On  all  funds  other  than  those  specified  in  the  foregoing  para- 
graphs the  treasurer  shall  receive  as  compensation  for  his  services,  in 
receiving  and  disbursing  such  funds,  three  and  one-half  per  centum  of 
the  amount  of  such  funds,  but  on  the  proportion  of  capitation  taxes  re- 
turned to  counties  and  cities  by  the  State,  and  donations  to  county,  city 
or  district  for  any  purpose  the  compensation  shall  be  not  exceeding 
one  per  centum.  (Acts  1920,  pages  350  to  352,  amending  Sections  2430  and 
2431  of  the  Code.) 


Index 


Sec- 
Accidents —  tion 
instruction    to    prevent....      a. 
Accounts — 

audit      literary      fund      ac- 
count      (12) 

audit  State  Dept.  accounts . (13) 
compare  district  warrants.  (   9) 
keep    donations    separate.  .  (15) 
keep    county   and    district .  (36)a' 
publish    annual    statement 

of     (   7) 

summer   school   accounts  ..  (16)d 
treasurer's    record    of (15)a 

Admission — 

pupils    of   school   age a. 

from     twenty     to     twenty- 
five     (   1) 

regardless    of    age (   2) 

Agricultural    schools — 

constitutional  provisions. .  (  6) 
Smith-Hughes  plan  for..  k. 
State  board  to  encourage. . (23) 


Page 
49 


14 
15 
34 
15 
43 

33 

74 
69 


Alcohol   and    Narcotics — 

effect  of  to  be  taught. 


a. 


Annual    Reports — 

of  district  school  boards..  (   8) 
of   county   school   boards.. (   9) 
of      division      superintend- 
ents  (    4) 

of    State    superintendent. . (10) 
of    State   Board    of   Educa- 
tion      (25) 

of    county    treasurers e. 

of   city   treasurers b. 

of  teachers    (term  report)        g. 

Appeals — 

board    of     (2) 

general     (   6) 

in   local   matters ,(21)g' 

from   division   superintend- 
ent     (   5) 

from    State    superintendent(21) 


Applicants   to   teach — 

must    have    certificate.... 


a. 


53 

55 
55 


7 
66 
16 


49 


37 
34 

24 
21 

17 
70 
70 
44 


30 
24 

28 

21 
16 


44 


Appliances — 

constitutional     provisions ..  (4)  4 

selected    by    State    board.. (   8)  12 

Apportionment    of    funds — 

constitutional   provisions.  .  (    5)b  5 

by    State    board (13)  15 

county      levy      by      county 

board     (2)  31 

district  levy  left  to  dis- 
trict      „. .(    5)c  5 

State   funds   on  population     i.   72  &  81 

Appropriations — 

by  boards  of  supervisors.        g.  65 

by     city     councils h.  65 


Sec- 
Appropriations — Continued,    tion 
by    General    Assembly    for 

teachers'     pensions b.' 

testing    sight,    etc f. 

school    libraries    J. 

regular  school   funds...  .        a. 
special    purposes    h. 

Attorney    General — 

member   State   board (   2) 

enforce  collection  of  fines.  (11) 
enforce       text-book       con- 
tracts             k. 

Auditor,     Second — 

see    Second    Auditoi 

Auditor    of    Public    Accounts — 

turn  over  to  Second  Au- 
ditor special  appropria- 
tions   literary    fund 5.a. 

prepare  books  for  local 
taxes     i- 

school  taxes,  keep  sepa- 
rate       (   4) 

school  funds,  report  on 
Nov.     1     h. 

Attendance — 

fractious   spirit,   effects   of       &. 

minimum      c. 

teachers'  pay  not  depend- 
ent   on     d- 

State   supt.    may   permit.  .  .10. e. 

Board     of    Appeal — 

trustee  electoral  perma- 
nent      (   2) 

Board   of   Education — 

county    board    of     (7) 

district    board    of    (8) 

State    board    of    (3) 

Board    of   Supervisors — 

approve  school  bond  is- 
sue             d. 

compel  vaccination  of  pu- 
pils               i- 

lay  levy  for  local  taxes..  (2-3) 

levy  for  interest  on  bonds.        f. 

may  make  cash  appropria- 
tion             §"• 

pay  salary  division  supt..        d. 

receive  estimate  school 
board     (   1) 

Board   of   Visitors — 

how  appointed    (10) 

State     supt.     member     of. 


Bonds — 

bonded  indebtedness  .  .  . . ( 
how  election  is  ordered..  ( 
interest  and  sinking  fund.( 
liens  on  houses  erected...  ( 
literary    fund    loans 


Page 

48 
55 
65 
60 
50 


4 
21 


13 


5 
65 
61 
20 


55 
55 

44 
55 


30 

35 

9 


62 

57 
60 
64 

65 
23 

31 


0) 

8 

2)f 

4 

1) 

62 

5) 

63 

9) 

64 

7) 

62 

c. 

61 

86 


Bulletin  State  Board  of  Education 


Sec- 
IIoimIn — Continued.  tion       Papp 

short    time    loans (20)  41 

special     tax     for f.  64 

to  be  authorized  by  voters.  (   4)  63 
to       build       and        furnish 

houses     (3)  63 

use  of   proceeds   of   bonds. (   3)  63 

who     may     vote (    8)  64 

Bonds,   official — 

of  depositaries    k.  71 

of  teachers'  pension  cus- 
todian      (10)  49 

of  Stat.'  supt.  and  depu- 
ties            e.  19 

l!r:iinhr>    to    he    taught 

in    elementary    schools.  ...  (10)  19 

in    high   schools    (11)  50 

Buildings — 

requirements     for     b.  78 

Capitation    tax — 

part    of    for    schools b.  81 

Census   of   School    Population — 

manner     of     taking (13)a         59 

separate    report,    deaf    and 

blind      b.  60 

Certificate*,   Teachers — 

teachers  must  hold  valid..  (   9)a  44 
superintendents    must    en- 
dorse     (    9)a  44 

required  in  high   schools.. b'  c'  52 

required     in    junior    high .  .  (    3)  53 

Circuit    Court    or    .1  ikI ««■ — 
appoint    member    electoral 

board      (   6)a  29 

duties  of  under  compulsory 

law     (4)  58 

instruct  grand -jury  against 
persons — 
discounting     warrants ..  (12)  73 
failure     to     post,     state- 
ment      (13)  35 

failure    to    report    boun- 
daries       (19)  27 

order  bond  issue  elections.  (   5)  63 
order      sale      school      prop- 
erty      (8)  34 

Cities — 

admission   of  non-rosidents(    2)  54 
apportionment    State 

funds     (    5)b  5 

bonded     indebtedness     ....(1)  62 

classification      (17)b  75 

division  superintendent  of .  (   l)b'  75 

efficient     schools     in (17)a  75 

number     of    districts (17)c  75 

City    Councils — 

appoint     trustees     c'  76 

may  compel  vaccination.  .  i  57 
member  of  not  to  be  supt. .(  l)a  75 
member  of  not  to  be  trus- 
tee       d'  7n 

provide  local  revenue h  65 

city   School   Board — 

a   corporal  ion    a'  75 

Jurisdiction     b'  76 


City   School   Board — Con- 
tinued. Sec- 
tion     Page 

manner     of     election c'  76 

qualification      d'  76 

duties     

submit    estimate    (1)  76 

establish   schools    (2)  76 

explain       and       enforce 

law    (   1st)  76 

determine    studies    ...(    2nd)  76 

employ  teachers (    3rd)  76 

suspend  pupils    (    4th)  77 

determine    indigency..  (    5th)  77 

provide  high   schools..  (    6th)  77 

take   census   of  pupils.  (    7th)  77 

hold  regular  meetings. (   8th)  77 
hold     meetings     of 

people     (    9th)  77 

provide   suitable 

houses    .(10th)  77 

visit    schools    (Hth)  77 

control   school   funds. . (12th)  77 

pay  claims    (13th)  77 

make       report       to 

council     (14th)  78 

City   treasurers — 

cannot   be    superintendents   l)a'  75 

compensation     (1)  83 

failure    to    pay    warrants..        i.  71 
keep    State    tax    separate..       p.  72 
law    of    co.     treasurer    ap- 
plies      (17)a  75 

State       funds,       how       dis- 
bursed            p.  72 

Clerk    of    City    Board — 

appointment    of    (15)  78 

duties     (15)  78 

salary     (15)  78 

who   eligible    (15)  78 

Clerk  of  County  Board — 

appointment    of    f.  30 

compensation     f.  30 

who   eligible    (   l)a'  75 

Clerk   of  District   School   Board — 

duties     (36)a'b'  43 

his   pay    (36)b  43 

how    selected    f.  36 

who    eligible     f.  36 

Clerk    Trustee    Electoral    Board — 

division     superintendent ..  (   l)e  23 

Clerks  of  State   Superintendent — 

how   appointed    (5)  11 

Colleger — 

minimum     requirements 

for     (27)a        17 

Colleges,    Junior — 

minimum    requirements 

for     (27)b         18 

College  of  William  and  Mary — 

State  students  how   select- 
ed     (12)  25 

Colored    Persons — 

defined m.  57 

separate    schools    for (   9)  8 


Virginia  School  Laws 


87 


Sec- 
Commercial   Education —         tion  Page 

all  day  or  part  time (   7)  37 

departments    of    (23)  16 

Commissioner  of  Accounts— 

when    settle    accounts (19)  41 


Page 


Commissioner  of  Revenue- 
duty   as    to   school   taxes. 


h. 


Commonwealth's  Attorney — 

attorney  for  school  board .  (    5) 

duty   as   to   suits    for t. 

member   electoral    board.. .(   6)a 

Compulsory  Education — 

constitutional  provision  for  7. 
provisions     of    law n. 

Condemnation  of  Land — 

power   of   school   boards ...  (    5) 

Consolidation    of    Schools — 

graded   schools    urged (33) 

provided   for    (   2) 

small  schools  discouraged  .  (18) 

Contagious  diseases — 

when  pupils  to  be  exclud- 
ed             h. 

Contracts    Tvith    Puhlishers — 

affidavit   of   publishers....  i. 

bond    with    surety i. 

terms    of    contract f. 

violations     of j. 

votes    of    State    board    on .  m. 

written     contracts (  9) 

Contracts    with    Teachers — 

deductions   for   pensions.  .  .^5)  a' 

violation   of .^^H 

written  and  in  duplicate ..  (    9)b 

(25) 

Corporation    Court    or   Judge — 

order  sale  of  property....  8. 
trustees    in    cities    quality 

before    d' 

what     to      instruct     grand 

jury      r- 

C*unty   Institutes — 

superintendent  to  organ- 
ize            s' 

County  School  Board — 

annual    report d. 

authorized  to  borrow 
money     

composition     

encourage  teachers'  meet- 
ings      

expense  allowance 

meetings     

officers    

record,    clerk    of 

duties — 
make  estimate  of  expense.  (   1) 
appropriation  county  fund.( 
manage    school    property..  ( 
appropriate    funds    to 
counties     (    4) 


81 


33 
73 
29 


43 
36 
15 


57 


13 
13 
13 

13 
14 
12 

f 

IT 
44 
44 
42 


34 
76 
73 

29 
30 


g. 

31 

a. 

30 

h. 

31 

e. 

30 

c. 

30 

b. 

30 

f. 

30 

1) 

31 

2) 

31 

3) 

31 

32 


Sec- 
duties — Continued.  tion 

compel     settlement     ac- 
counts     (    5)  32 

pay    trustees    expenses.  ...  (   6)  33 
publish  annual  statement. .  (   7)  33 
sell      or      exchange      prop- 
erty      (8)  34 

compare       warrants,       dis- 
tricts     (9)  34 

fix   holidays (11)  34 

make    annual    report (12)  34 

penalty   to   fail  to  report.. (13)  35 

County    School    Funds — 

how    apportioned    (2)  31 

recovery    when    improperly 

used    (2)  73 

unexpended   9.  70 

uses    of (2)  73 

County  Treasurer — 

accounts,    how    rendered  ..  .15. b  69 

annual     report     of e.  70 

annual  statement  receipts.  (    7)  33 

collect  and  disburse  funds.  15. a  69 

compensation     (1)  82 

disburse     funds     on     war- 
rants            c.  70 

funds     for     libraries,     pay 

of     (2)  66 

loans    from    literary    fund, 

pay    of c'  83 

must     furnish     statement.,      h.  71 
school  taxes,  keep  separate,      h.  81 
shall     not     discount     war- 
rants            r.  73 

penalty    for    violation....      s.  73 

State  funds   from  auditor.,      o.  72 
superintendent     to     report 

failure     of f.  70 

shall  not  teach k.  45 

when  funds  withdraw  from      i.  71 

board    minuteB j.  71 

depositary  to  give  bond.,      k.  71 

compensation      e.  7l' 

when   to   turn  over   money,      m  71 

penalty    foi'     failure n.  72 

Course   of   Reading — 

teachers'    duty    to   pursue..       i.  45 

Deaf   anil    Blind — 

division    superintendent    to 

report    census    of 1.  13 

Department   of  Puhlic  Instruction — 

under   control  State  board. (    5)  11 

Depositary — 

bond    k.  71 

compensation    1.  71 

when    funds    changed    ....        i.  71 

District,    School — 

co-extensive    with     magis- 
terial           4.  4 

towns    may  be   separate..    14. b'  39 

District    School    Board — 

compensation    e.  35 

eligibility    d.  35 

manner     of     election a.  35 

for     cities      b.  35 

number    and    term c.  35 


88 


Bulletin  State  Board  of  Education 


District   School  Board— 

leers,    quorum     ... 
trustees    of    property 


Continued. 

f ; 

g. 


duties: 

approve  census  agents..  (  1) 
provide  transportation.  .'(  2) 
lix    use    schoolhouses.  .  .  .  (    3) 

furnish   flags   for (  4) 

institute   suits   for   sites.  (    5) 

visit     schools     (  ■  <>) 

establish  evening-  courses.  (7) 
make  annual  report....  (  8) 
observe  and  enforce  law.  (10) 

trol    pupils    (11) 

estimate  needs    (12) 

number     and     name    dis- 
tricts       (13) 

bound    districts     (14) 

approve  claims   (15) 

provide  schoolhouses . ... (16) 
provide   free   text-books.  (17) 

observe    rules   for (18) 

administer  bequests    ....(19) 

borrow    money    (20) 

establish  joint  schools...  (21) 
encourage    teachers    ....(22) 

take    oath     (23) 

hold  regular  meetings.  .  (24) 
contract    with    teachers . (25) 

fix     daily     session (26) 

pay  teachers    (27) 

preps  re    budget    (28) 

study    school    law (29) 

select  building  plans.  ...  (30) 
g  u  a  r  (1      against      small 

schools     (32) 

require  text-books  ....(33) 
not  i  t'y      teachers      of 

changes     (3  1) 

employ    physical    di- 
rector       (35) 

of    clerk,    his    pay (36) 

other    duties     (   9) 

District    School    Fund — 

Of    what     it    consists (    3) 

unexpended,    how   used....        9 
uses,    general    (    3) 

District    Levy — 

laid   by    supervisors    h. 

District    Trustees — 

number,    election,    etc 8. 

l)iy  Islon    Superintendent — 

appoint  ment    of    a. 

educal  Lona  l     qua!  iflca  t  ion  .  .  b. 

d. 

bow    paid    (  2) 

term    of    office c. 

duties: 

rk    electoral    board ... (    1) 

keep    >  ecoi  d    of <    2) 

pres.      county      school 

board     (    3) 

make    annual    report.... (   5) 

amend  census,   etc (    5) 

hear    appeals    (   6) 

approve  plans,  sites,  etc..(  7) 

deliver    records     (   8) 

approve    cerl  iflcates    .  .  .  .  (   9) 


36 
36 


36 
36 
36 
36 
37 
37 
37 
37 
38 
38 
38 

39 
39 
39 
39 
39 
39 
41 
41 
41 
41 
42 
42 
42 
42 
42 
42 
42 
42 

43 
43 

43 

43 
43 

28 


60 
70 

71 


21 
22 
2^ 
23 
2*' 


23 

21 

24 
24 
24 
24 
25 

2.', 
2T, 


Sec- 
Duties — Continued.                       tion       Page 
report       delinquent       of- 
ficers      (10)  25 

publish    statement    (H)  25 

nominate    student/    etc...  (12)  25 

apportion    funds    (13)  26 

report    length    of    term..  (14)  26 

number    districts     (15)  26 

hold   teachers'   meetings.  (16)  26 
require      treasurer's      re- 
port     (17)  26 

report     district     bounda- 
ries      (18)  26 

pay  fine   for   failure  to..  (19)  27 

call   meeting   co.   board..  (20)  27 

observe     laws ,.(21)a'  27 

inspect    account     (21)b'  27 

require  financial  reports.  (21)c'  27 
pay  fine  for  failure.  ...  (21)d'  27 
attend  board  meetings.  .  (21)e'  27 
require  reports  of  clerks.  21) f  28 
adjust  and  grant  ap- 
peals     (21)g;  28 

evidence     in     writing.  (2l)h'  28 

administer    oath (21)i'  28 

prepare     appointment 

scheme     (21)  j'  28 

enter   same   in  record .  (21)k'  28 

report    book    dealers. ... (21)1'  28 

distribute    forms,    etc. .  .  .  (21)m'  28 

enforce     regulations. ... (21)n'  28 

fine    for    failure (21)o'  28 

inspect    schools    ,.(21)p'  28 

supervise    teachers     . ,..(21)q'  29 

condemn     schoolhouses  ..  (21)r'  29 

conduct    co.    institutes.  .  (21)s'  29 

require  patron's  day  .  .  .  .  (21 )  t'  29 

keep    record    his    acts . . . (21)u'  29 

assign    positions     (21)w'  29 

recommend    teachers. .c. (3rd)  7* 

Donations — 

for    school    purposes (19) 

for    libraries     j.(D  65 

Elections — 

for    issuing   bonds d.'(l)  62 

Electoral  Board — 

composition    of     a.  29 

Estimate    of    Funds    Needed — 

city    school    board    by e(l)  76 

county   school    board id)  31 

district  school  board (12)  38 

division    supt.    duty    of....i(l)  38 

supervisors,     duty    to f.  64 

Evening    Classes — 

provisions    for    6  7 

who    admitted    to (    2)  53 

Examination    of    Teachers — 

provision    for    (    7)  11 

see    certification    bulletin, 
(separate   pamplet) 

Fractional    Spirit — 

school    continued,    when...      d.  55 

Fines — 

collected,    how    t.  73 

literary    fund,   paid    into...       c.  61 


Virginia  School  Laius 


89 


Sec- 
Forms — Blank —  tion       Fa'"1 

prepared   by   State   supt.      i.(2)  20 
distributed  by  Div.  supt.      (21)m'      28 

General   Assembly — 

may       establish      technical 

work , b.  7 

appropriate    money — when.      d.  6 

provide       compulsory       at- 
tendance       7.  7 

may   provide   text   books...      8.  7 

may      repeal      rules      State 

board 3.  4 

State    board    to    report . to . (25)  17 

•  State   Supt.   to   suggest   to.  (10)  21 

leal    estate — to    reassess ..  .      f.  6 


Gifts,    Devises    Ete. — 

for   education    m. 

Governor — 

member   State  board    2. 


Glebe  Lands — 

for     educational     purposes.  1. 

proceeds    from    sale    of....  o. 

revenue    from     1. 

Graded    Schools — 

admission    to    a. 

preference     given     to b. 

High    Sehools — 

boards    to    establish a. 

separate    buildings — when.      b. 

rules  made  by  State  board,      c. 

what  schools  share  in  fund     d. 

how    supervised    e. 

who     may     teach     in g. 

appropriations    for    .......      h. 

how    paid    h. 

tuition — when     charged     ..      k. 

high    school    subjects 1. 

minimum    requirements     .  .     m. 

organization (    1) 

teaching    force     (   2) 

program    of   studies...  (   3) 
equipment     (   4) 

Jr.     high     school     require- 
ments       n. 

Holidays — 

fixed    by    county    board ....  (11) 

Household    Arts — 

part   time   or   day   course — 

when    7 

courses    in    established....        6 
Smith-Hughes  bill  for  Sec.3-b. 

Indian — 

defined .      m. 

Indigent   Pupils — 

when    assisted    5th 

Industrial  Ediieation — 

part  time  or  day  courses    in.     7. 

courses    established    6 

Smith-Hughes        bill        for 
Sec 3(b) 

Joint    Sehools — 

boards    may    establish ....  (21) 
sites    for     (21) 


68 


68 
68 
68 


53 
50 


50 
50 
50 
50 
50 
50 
50 
51 
51 
51 
51 
51 
51 
52 
52 

53 


34 


67 

7 

67 


57 
77 


67 

7 

67 


41 
41 


Sec- 
Kindergartens —  tion       Page 
provisions    for     12-a  53 

Libraries,    School — 

appropriations    for     j(l)  65 

books  for  how  ordered ....  (   2)  66 

local    managers    for (   3)  66 

Literary    Fund                                       5. a  5 

so.urces    of    c.  61 

loans    from     (   1)  61 

interest    rate    on (4)  61 

method  of  paying    (5)  61 

title    to    be   clear (    6)  62 

loan  a  lien  on  property..  (    7)  62 

recovery  of  money  due  the.  (10)  14 

capital   of,   how   invested.  .(11)  14 

claims  out  of,  how  audited.  (12)  14 

Loans — 

from  county  school  boards.,    e.  64 

from     literary     fund. ......  C  1)  61 

short  time,  when  per- 
mitted     (20)  41 

Magisterial  Districts — 

co-extensive      with      school 

districts    4  4 

Manual   and   Industrial   Training — 

part  time  or  day  courses  — 

when    7  67 

subjects         in         common 

schools      10  a  49 

appropriations    for,    when.,      d.  6 

Smith-Hughes    bill    for 3(b)  67 

Medical   Inspection — 

provision    for     (    1)  56 

Meetings    of — 

State  Board   of  Education.       f.  10 

county    school    board c.  30 

district    school    boards ....  (24)  42 

trustee    electoral    board...      b.  29 

teachers    (22)  41 

Moral    Education — 

provision  to  be  made  for.. 10. a  49 
text  books  on — how  select- 
ed      10. a  49 

Jfegro— 

defined     •      m.  57 

Narcotics   and  Alcohol — 

effects   of  to   be   taught ...  .10. a  49 

Nigrht    Schools — 

provisions    for    (2)  56 

who  may  be  admitted  to..(   2)  55 

Non-Resident   Children — 

terms  of  admission  in  dis- 
trict     (2)  54 

terms  of  admission  in  city  .  (    2)  54 

terms       of       admission       in 

State     ..(2)  54 

Normal    Sehools — 

cities    may    establish 6th  77 

Oath  of  Office — 

all  officers,  prescribed  for.     c.  1A 


90 


Bulletin  State  Board  of  Education 


Sec- 
Omth   of   Office — Continued,     tion      Page 

Oath  of  division  superin- 
tendent           c.  22 

i!i    of    city    school    board 

members    d'  76 

oath       of      district       board 

members     d.(2)  35 

oath    of   State    board    mem- 

bers     c.  10 

oath   of  State  superintend- 

ent     d.  19 

Officers,   School — 

provision    for    2  9 

Official  Papers — 

to  be  delivered  to  succes- 
sor      (   8)  25 

Patrons    Day — 

ti>       be      observed      during 

term    t'  29 

Penalties   and    Forfeitures — 

Against — 

division    superintend- 
ents       (19)a'        27 

parents    or    guardians...      n.  58 

text    book    publishers....       j.  13 

pupils,   to  be  reasonable,      h.  44 

treasurers    n.  72 

Pensions    for    Retired    Teachers — 

who     may     be     retired....  (   1)  46 

medical   examination  for    ..(2)  46 

restrictions  as  to  date....(  3)  46 
how  teachers  removed  from 

list      (4)  47 

sources    of   the    fund (   5)  47 

how    teachers    reinstated .. (    6)  48 

when   certificate  restored..  (    7)  48 

when    money    restored. ... (   8)  48 

investment    of    the    fund..(    9)  49 

counts— bonds     (10)  49 

what        pensions        to       be 

paid    (11)  49 

Slate  board   tc  make  rules. (12)  49 

Primary  and  Grammar  Schools — 

constitutional       provisions 

for    c.  5 

preference      over      high 

schools a.         50 

Stale     funds     for 14      (1)'  60 

Publishers    of    Tex*    Books — 

affidavit    as    to    price j'  13 

written    contract    (9)  12 

bond     with    surety j'  13 

penalty     for     violation     of..        j'  13 

representation   of  terms...      j'  13 

State     board     may    proceed 

against    k'  13 

PnpUs — 

H  bo      may      attend      public 

schools      a.  53 

qualifications  of  this  sec- 
tion      (2)  54 

<m     Other    States     (    L'  1  54 

must  attend  in  nearest  dis- 

'     (2)  54 

other   than    of   school  age.,      b  55 

aee     b. 


Sec- 
I'uplls — Continued.  tion      Page 

regardless     of    age,     night 

schools (2)  55 

minimum    enrollment    ......      c.  55 

required   enrollment    d.  55 

State      supt.      may      permit 

ten    e.  55 

sight    and    hearing    to    be 

tested     f.  55 

physical  training  pro- 
vided           g.  56 

excluded    when     h.  57 

compulsory    vaccination    .  .       i.  57 

adults    may    be    admitted — 

when     j.  57 

mixed    schools    prohibited..      1.  57 

admitted       regardless       of 

lines      k.  57 

who  is  considered  colored,      m.  57 

compulsory  attendance  re- 
quired            n.  58 

drinking  cups  required....        o.  59 

transportation  provided 

for     (2)  36 

Regarding  Course  for  Teachers — 

teachers    to   pursue i.  45. 

Real   Estate — 

boards    may    condemn    for 

schools     (5)  37 

title    must   be    clear (    6)  62 

reassessment   of    f .  6" 

boards  may  sell  or  ex- 
change      (8)  34 

Records,    Etc. — 

to  be  delivered  to  suc- 
cessor      (8)  25 

penalty    for    failure (   8)  25 

Register — 

teachers    to    keep e.  44 

State   supt.    to    prepare ...  .i.(2)  20' 

to    be    delivered    to e.  44 

Rural    Schools — 

appropriations    for    ....      a.(l)  60- 

Salary — 

city     superintendent d.b'  75 

clerk  city  school  board..  15th  78 
employees     department     of 

education     5.  11 

division  superintendents.  d.  23 
State        supervisors        of 

schools     7  11 

State    superintendent    ....  b.  19- 

teachers     27  42 

School    Arc 

constitutional    provision..        b.  » 

School    Hoard* — 

City    board    d.(2)  75 

county     board     7  30 

district    board     8  35 

trustee     electoral     board..        6  29 

State  board 3  9 

School    Districts — 

claims  against,  how  paid..      15  39 
Named  and  numbered,   how.   15           26 
trustees    of,    how    appoint- 
ed       (    l)           29 


Virginia  School  Laws 


91 


School   Districts — Con- 
tinued. Sec- 
tion     Page 
unexpended   funds   in,   how 

treated     g.  70 

■warrants  by,  how  issued.    15   a  69 

School   Divisions — 

to  be  fixed  by  State  board. j(l)  10 

School    Funds — 

sources: 

State     funds (   1)  60 

county    funds    (2)  60 

district     funds     (3)  60 

"forest    reserve"    fund..        b.  60 

literary    fund     c.  61 

loans    from    c.(l)  61 

who  may  borrow  from. c. (2)  61 

who     approve    plans.. c.(3)  61 

rate    of    interest c.(4)  61 

plan    of   payment c.(5)  61 

funds         from        bond 

issues     d.  62 

form    of    bonds d.(2)  63 

for       what       may       be 

used d.(3)  63 

how    authorized    d.(4)  63 

election — by      whom 

ordered    (    5)  63 

tickets,     who     to     pre- 
pare     (    6)  63 

returns — who     to     con- 

vass     (    7)  64 

who    may    vote (    8)  64 

interest,      how      to      be 

paid     (9)  64 

loans      from      county 

boards     e.  64 

levies      laid      by      super- 
visors             f.  64 

appropriations  by  super- 
visors            g.  65 

levies      by      councils      in 

cities     h.  65 

assessment       of       school 

taxes      i.  65 

library     fund      j.  65 

whence   derived    (    1)  65 

who  may  order  books .  (   2)  66 

local    manager    (3)  65 

Smith-Hughes    funds    ...      k.  66 

glebe    lands    1.  68 

gifts,    devises,    etc m.  68 

who   to  hold  such   gifts..      n.  68 

trustees      to      hold      such 

gifts     o.  68 

wills  admitted   to  record, 

how     p.  69 

attorney's    fees     q.  69 

custodian  of  school  funds..    15.  69 

treasurer's     accounts....      b.  69 

warrants    paid,    when....      c.  70 

report    on    accounts    an- 
nually           e.  70 

unexpended     funds,     how 

treated     g.  70 

treasurer     to     furnish 

statement    h.  71 

place    money     in    deposi- 
tary— when     i.  71 

minute      to      be      made 

when     j.  71 

bond  to  be  given k.  71 

compensation      1.  71 

warrants    in    favor    of.     m.  71 


Sec- 
School  Funds — Continued.       tion 
penalty    on     treasurer,      n. 
State    funds    to    be    sent 

Treas o. 

no     pecuniary     interest — 

when     q. 

may    not    discount    war- 
rants— who     r. 

penalty  for  violation....       s. 
uses   of   school   funds u. 

School   Furniture — 

boards    to    furnish (30) 

officers  not  to  have  interest 
in q. 

School    Holidays — 

fixed   by  school  boards .... (11) 

School    Hours — 

fixed  by  school   boards  .... (26) 

School   Buildings — 

plans  for — by  whom  ap- 
proved          g. 

requirements   for — 

floor  space    (   1) 

air    space    (    2) 

ventilation      (    3) 

height    of    ceiling (   4) 

halls,     doors,     stairways, 

etc (   5) 

light      (   6) 

outhouses,    toilets,    etc. .  .  (    7) 

rules  for  school  build- 
ings          c. 

health    regulations     d. 

use  of  common  towel  pro- 
hibited          e. 

damaging  houses  —  how 
punished     f. 

disturbing  school  —  how 
punished      h. 

use  of,  out  of  school  hours. (    5) 

flags  for    (   4) 

School    I^ihraries — 

fund  for — whence  derived.  j. 
who  may  order  books....  (  2) 
local    manager    for (    3) 

School    >1  otitis — 

length    of    j. 

School     Officers — 

county  board  may  proceed 
against    5 

who    is    ineligible    for d. 

enforce  law — duty  of 10 

may  furnish  supplies  — 
when      q. 

neglect  of  duty,  penalty 
for     s. 

reports    required    from....      12 

may    not    teach- — when....      k. 

School    Property — 

vests  in  district  board....  g. 
sale   or    exchange    of (   8) 

Schools,    Puhlic    Free — 

admission    of   pupils   to....  a. 

elementary      10 

high    11 


Page 

72 

72 


73 
73 
73 


42 
72 

34 

42 

19 

78 
78 
78 
78 

78 
78 
79 

79 
79 

80 

80 

80 
36 
36 


65 
66 
66 


45 


32 
35 
38 

72 

73 
34 
45 


36 
34 


53 
19 
50 


92 


Bulletin  State  Board  of  Education 


Schools,   Pnblic   Free — Con- 
tinued. Sec- 
tion 

authority     for    administer- 
ing         2- 

branches  taught  in i." 

consolidation    of    2 

daily  session    (26) 

disturbing,  how  punished.,  h. 
preference      to      graded 

schools     b. 

indigent       children,       when 

mpt     (11) 

supervisors    of    7 

literary  fund  devoted  to.,  a. 
mixed  schools  prohibited.'.  9 
multiplication      of      d  i  s  - 

couraged     (32) 

night    or    evening    7 

number  of,  how  determined  32 
length  of  term  required..  .14 
minimum  enrollment  ....  c. 
school  boards  to  visit (31) 

School    Term — 

requirements  as  to 14 

School    Trustee    Kleetoral    Board — 

of  whom   composed a. 

compensation      a. 

meeting  of    b. 


Page 

9 
49 
36 
42 
80 

50 

38 

11 

5 

8 

43 
37 
43 
26 
55 
43 


26 


29 
29 
29 


duties — 

appoint    school   trustees.,      c.  29 

till  vacancies  in  trustees.  (   2)  30 

ln-ar   appeals    (3)  30 

dilicers     (    4)  30 

duties  of  clerk  of    (5)  30 

School   Wagons — 

may  use  State   fund  to  pay 

driver    b'  73 

School   Year — 

reports    for,    etc 21  27 

Second    Auditor — 

ountant    of    literary 

fund 11  14 

disburse     on     State     board 

warrants     13  15 

custodian  teachers'  pension 

fund    10  49 

Secretary  of  the  Commonwealth — 

agent     on     whom     process 

\  ed.    etc d'  12 

Secretary    State    Board    of    Education — 

how   appointed    5  11 

sign  warrants  of  board.  ...      13  15 

Senate — 

confirm  appointments 

supts a.  21 

elect   three   members   State 

board     a.  9 

Separate   School  Districts — 

when   may  be  constituted.,      b'  39 

trustees    of,    appointed    by 

council     b'  39 

council    may    levy    district 

tax     h.  65 

hooks .      a.  75 


Sec- 
Special    Elections —  tion 
for     bond     issu  e — how 

.  ordered    5 

how  canvassed    9 

who   eligible   to   vote 8 

State  Board  of  Education — 

composition .  a. 

term  of  members b. 

qualifications    c. 

vacancies     d. 

officers     e. 

meetings    of     f. 

quorum     g. 

record     .  .  .' h. 

compensation  of  members  .  .  i. 


duties: 

divide  State  in  divisions.  ( 


1) 


appoint  Library  Board..  (  5) 
provide  teachers'  exam.,  b' 
appoint  superintendents.  (  2) 
prescribe  duties  of  supt. .  (  3) 
remove  supts,  for  cause.  (  4) 
appoint   Dept.   clerks....  (   5) 

make    regulations    (    6) 

appoint   supervisors    ....(   7) 

select    text    books (   8) 

contract    written     .  .  .  .  (   9) 
recover     money     literary 

fund     (10) 

invest  literary  fund....  (11) 
audit  claims  of  lit.  fund.  (12) 
apportion  school  funds..  (13) 
keep  W.  Va.  certificate.  .  (14) 

custodian    of    funds (15) 

make   loans    (16) 

fix  fines  for  neglect.  ...  (17) 
guard   against   too   many 

schools     (18) 

establish     summer 

schools     (19) 

audit  summer  school  ac- 
counts     (20) 

decide    appeals    (21) 

order      sense      of     voters 

taken    (21) 

regulate     children's      at- 
tendance      (22) 

provide    technical    train- 
ing  (23) 

act  as   vocational  board. (24) 
report     to     General     As- 
sembly  (25) 

fix     standards     for     high 

schools     (36) 

register      State      institu- 
tions  (27) 

supervise     V.      X.      &      I. 

school     (28) 

prescribe      duties      State 
supt '   f. 

State   Library   Board — 

appointed    by    State    Board 
Education     (    5) 

State    School    Funds — 

whence    derived    a. 

uses  of u. 

State  School  Supervisors — 

how  appointed  c' 


Page 

68 
64 
64 


9 
9 
10 
It 
10 
10 
10 
10 
!• 


10 

4 

11 
11 
11 
11 
11 
11 
11 
12 
12 

14 
14 
14 

IS 
18 
16 
IS 
IS 

IS 

16 

16 
16 

16 

16 

16 
16 

17 

17 

17 

19 

19 


60 
73 


11 


Virginia  School  Laivs 


93 


State  School  Supervisors — 

Continued.  Sec- 

tion     Page 

compensation     7  11 

duties   of    C  11 

Studies — 

elementary  school   10 

high   school    11           49 

tecnnical     7           67 

vocational     3-b  67 

* 

Slimmer     Schools — 

established       by       State 

board    J.6  '  * 

purpose   of    »•  74 

how    conducted    c.  74 

term    and    regulations    of.,      d.  1  4 
V.    N.    &    I.    1.    required    to 

have     e-  '^ 

Superintendent    of    Public   Instruction — 

election  and  term  of  office,      a.  19 

salary     t>.  19 

vacancy  in  position  of c.  19 

qualification    d. 

bond    e.  19 

d  n  ties '. 

president  of  State  board. (   1)  19 

member       boards       of 

visitors    (2)  19 

approve  plans  school- 
houses     S-  19 

make  scheme  of  appor- 
tionment          h-  -° 

chief       executive       State 

board   i(D  20 

executive  laws  and  regu- 

lations     i(D  20 

prepare  all  blank  forms, 

etc i(2)  20 

require  reports  from  div. 

supt (3)  21 

make   tours   of   State (   4)  21 

decide    apeals    from    div. 

supt (5)  21 

keep     record     of     official 

papers .  (   7)  21 

provide     suitable     official 

seal   (9)  21 

make    annual    report ....  (10)  li- 

enforce        collection       of 

fines    (ID  21 

Suspension — 

of  division  superintendent.      1<  15 

of  pupils    c-  I4 

Taxation —  01 

on   lands   and   lots a.  si 

on    persons     "•  si 

on  tangible  personal  prop- 

erty     c-  bl 

on  railway   and  canal  cor- 
porations           e-  81 

on  telesrraph  and  telephone 

companies f-  °1 

school  taxes  to  be  assessed 

separate    n-  8i 

segregation      of      real      es- 
tate           i.  81 

district' tax  kept  separate.       j.  82 

tax    to    pay    interest    on 
bonds    k-  82 

maximum   rate   of   levy....       I.  82 

treasurer's   commission    ...     m.  82 

Teachers — 

must   hold   certificates a. 

have   written   contract b.  44 

may    suspend   pupils c.  4  1 


Sec- 
Teachers — Continued.  tion      Page 

pay    not    dependent    on    no. 

pupils      d.  44 

to    keep   register    e.  44 

see    that    flag    is    flown....  f.  44 

make  term  reports g.  44 

require  cleanliness h.  44 

do  reading  for  improve- 
ment       i.  45 

attend   summer   schools....  i.  45 

county   officers   not   to 

teach     k.  45 

t  e  a  c  h  e  r  s'       cottage       at 

Catawba    1.  45 

State      cadets     to      act      as 

teachers     m.  45 

teachers'  pensions    n.  46 

Teachers'    Institutes — 

superintendents      to      e  n  - 

courage     22  41 

regulations  —  how  pre- 
pared          16  26 

Text   Books — 

law  governing  adoption  of       9  12 

Title  to   School  Property — 

in  cities — in  city  board....      a'  75 

in      counties  —  in      district 

board    g.  36 

must  be  clear  for   loan .  .  .  .  (   6)  62 

Towns — 

mav     be     separate     school 

district     b'  39 

trustees    in — how    elected.,      b'  39 

council  may  lay  levy h.  65 

Transportation     of  Pupils — 

provision    for    (2)  36 

Trustees — 

school       trustee       electoral 

board    6 

county  board  of 7  30 

district  board  of 8  35 

Tuition — 

from  another  county (   1)  &* 

from     another     district ....  (   2)  54 

in     high     schools k.  51 

non-residents    of    city,    etc.  .(2)  54 

non-residents   of   State (   2)  54 

Vaccination — 

supervisors    may    compel..       i.  57 

poor    vaccinated    free i.  57 

reqirement        suspended  — 

when     h.  57 

Arirginla    N.   &   I.   Institute — 

must     conduct     summer 

school     e.  74 

under       supervision      State 

board     (28)  19 

Vocational   Education — 

district  boards  may  es- 
tablish              7  37 

Smith-Hughes    bill    for....      k.  66 

Warrants — 

of  city  boards,  how  drawn.  13th  77 

on   city   treasurer c.  70 

compared  by  county  board  9  34 

treasurers  not  to  deal  in..  r.  73 
school    officers   not   to    deal 

in     q.  72 

district       boards  —  how 

drawn     15  39 

warrants   of  State    board..  12  15 


\ 


) 


LAW  JJBHAKY  | 

UNIVERSITY  OF  <   vUFORNIA  * 

LOS  ANGELES 


Mcnufoctur«d  by      I 
SAYLCRD  BROS.  Inc.  ' 
Syracuse,  N.  Y.        £ 
Stockton,  Calif. 


UC  SOUTHERN  REGIONAL  UB 


AA      000  233  8 


. 


